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PLM INTERNATIONAL, INC.
011io"
J Alec Mernam
Chauman of the Board
April 25, 1991
mL. B.-LiI S t a r I i n g
P. 0. Box 4723
Aspen, Colorado 81612
Dear Mr. Sterling:
655 Montgomery Street
Twelfth Floor
San Francisco, CA 94111
475 /544 8313
Telex 415/433't152
l
As a resident of Roaring Fork Road I share Evelyn
Lauder': concern about the proposed location of the MAA
rehearsal facility. Judging from the picture she
supplied and the land use plan supplied by her in March,
it would appear to me to be only common sense to place
the facility in the western -most location away from the
residential area along Roaring Fork Road. The western
location would not appear to impinge on the on the
Physics Center as the distances appear to be quite
similar. It would be also less visible by the audience
emerging from the main tent.
I would hope that common sense and logic would prevail
in this matter and the eastern site not be selected.
1Tereiy,
C�� V
J. Alec Merriam
JANI/ l l g
cc: Mrs. Evelyn H. Lauder
Estee Lauder Companies
767 Fifth Avenue
New York, New York 10153
755 SECOWVENUE, NEW YORK, NEW YORK 10.... • (212) 880-0700
Bill Stirling
P.O. Box 4723
Aspen Colorado 81'~12
Dear Mr. Mayor
As you know I am not an Aspen voter but
have spent considerable time here for
the past six years and rent a house in
The Meadows year-round.
There is a very special populist spirit
here, a legacy of tre old Aspen, that
has survived the swarming here of the
biF business and big money interests.
To sacrifice one of the town's oldest
traditions --- gathering on the lawn
outside the tent to picnic and listen
to the concert, the music as free as
the grass and the sky --- would be to
betray that legacy.
The great institit.ions of Aspen are
a strong force against those who would
like to see Aspen look and feel like
Bel -Air or Beverly Hills. But I can-
not believe this stretch of land in
front of the tent is the only possible
site for a new MAA rehearsel hall.
I hope you will fight to protect this
coveted piece of land and an old lovely
tradition and insist that the creative
minds involved find another solution.
Sinc e�y
Gael Greene
Carolyn S. Bucksbaum
331 Thirty-first Street
Des Moines, Iowa 503 `12
April 28, 1991
Mayor Bill Stirling
P. 0. Bog 4723
Aspen, Co. 81612
Dear Mayor
As you deliberate about what is best for Aspen I encourage you to continue to pay
attention to building harmonious relations among the many segments of the
community. One of the decisions which awaits this council's final determination,
which interests me as a frequent attender at the music festival for twenty years and
an Aspen homeowner for the past seventeen, is the location of the proposed MAA
rehearsal hall.
I believe that the arguments for locating it on the west side of the tent considerably
outweigh the arguments for an east side location. Factors that influence me to write
you are:
Lawn listening must be retained! Aspen is unique in the degree of out -door
enjoyment for concert festivals anywhere in the world. Also. attending concerts
without the cost of tent seating has taught some generations of Aspenites to
appreciate the classical music which, it should be recognized, sustains not only our
festival, but our entire visitor -oriented summer community.
The separation of the tent from its surroundings with its sizable lawn
and meadow vistas should be vigorously protected. The west location for the
rehearsal hall preserves the visual distinction of the tent, the foremost summer
landmark of this community since Aspen's post -World War II revival.
I believe a location for a new rehearsal hall to the west rather than to the east, would
be overwhelmingly in the interests of enjoyment by Aspen residents and visitors. We
have stewardship of some of this country's greatest natural beauty with some of its
finest cultural offerings. Let's not lose sight of what is most precious!
Sincerely,
MILES L. RUBIN
April 26, 1991
Hon. William Sterling
Mayor, City of Aspen
130 South Galena
Aspen, Co. 81611
Dear Sir:
NINTH FLOOR
58 W. 40th STREET
NEW YORK, NY 10018
(212) 869-4300
As a long time participant in the Aspen community, I was
amazed and troubled by the recent decision to build an
extraordinarily large structure on the eastern lawn of the music
tent.
Amazed that so important a decision could be taken on
virtually a sub rosa basis (without even mention in the (Aspen
Daily News); troubled that you would move forward with what seems
to be a gratuitous insult and rejection of all who look forward to
using this site when a ready alternative is available.
This is the type of decision that, made in haste, will
generate nothing but ill will and which should be rectified before
the damge is done.
Sincerely,
Milk
cc: Chairman, Aspen Institute
Harriet Gold
UNIVERSITY OF CALIFORNIA, LOS ANGELES
BERKELEY DAVIS IRVINE LOS ANGELES RIVERSIDE SAN DIEGO SAN FRANCISCO c -!
a:
,g
April 10, 1991
Bill Poss, Chairman
Historic Preservation Commission
Aspen City Hall
Aspen, Colorado 81611
Dear Mr. Poss,
UCLA
SANTA BARBARA • SANTA CRUZ
GRADUATE SCHOOL OF ARCHITECTURE AND URBAN PLANNING
405 HILGARD AVENUE
LOS ANGELES, CALIFORNIA 90024-1467,
FAX 206-5566
I am a part time Aspen resident with a home in the West End for over ten years.
Our decision to purchase a home in 1980 in the West End, rather than in other
areas of the city was predicated on several factors: Accessibility to the City by
walking or riding the bus, the sense that this was a unified neighborhood with
concerns for its children, low density of house, retention of open spaces, and,
most significantly, a commitment to the historic integrity of the many designated
historic landmark structures that had established the West End's reputation as a
very desirable, and essentially, the most charming section of the City of Aspen.
Because I have personally been involved with historic preservation projects in my
job as Special Projects Director at the UCLA Graduate School of Architecture and
Urban Planning, such as the preservation of the Rudolph Schindler house in Los
Angeles. I am aware of the mandates of agencies such as The National Trust for
Historic Preservation, Historical Societies, and the Department of Parks and
Recreations when they are prepared to register a building or park as an historical
monument, and am aware of the issues, complexities and responsibilities of the
local organizations who have accepted these designations. One surely wants to
preserve at any cost, not only the appreciation for this designation, but must
demonstrate respect for the property involved for future generations to enjoy and
have a full understanding of the architectural and historical significance of the
property involved.
I am, therefore, extremely distressed to learn about the proposed development of
Pioneer Park in the West End on Bleeker Street. I strongly urge the HPC to
reconsider, reevaluate and also convince the Aspen City Council members to
reinstate the original historical designation of this remarkable piece of
property. The City of Aspen residents and the many visitors to the Aspen
Community benefit from the grace, beauty and architectural significance of this
landmark site. I am seriously concerned if this development is allowed to proceed
under any conditions, what other historical designated sites might be endangered
through misunderstanding and miscommunication of conflicting interests. For those
of us living in the West End, we wish to preserve and protect its character and
gentleness.
Cordial-l� �aliett Cold
Director Special Projec s
cc: Mayor Bill Stirling
City Council Members
The Prudential A&
Mason & Morse
Real Estate
514 East Hyman Avenue
Aspen, CO 81611
Bus. (303) 925-7000
Fax (303) 925-7027
December 17, 1990
Aspen City Council
Aspen, Colorado
Dear Council Members:
I am writing to let you know that as a concerned citizen of the West End
and a mother of a small child I share the distress of many of my West End
neighbors regarding the proposed MAA rehearsal facility and its impacts on
the neighborhood.
In the Conceptual SPA Development Plan dated October 22, 1990, pages 22
through 29 are devoted to a description of the proposed addition to the
existing music tent and the proposed "rehearsal hall'. Until the December
10, 1990 City Council meeting, it was my understanding that a rehearsal hall
was all that was needed by the MAA. There was no mention of a
performance facility in the October 22, 1990 SPA Plan.
At the December 10th meeting, plans were unveiled for an 11,000 square
foot rehearsal hall with 500 seats. When questioned about proposed uses,
Robert Harth responded by admitting that the facility would really be a
rehearsal/performance facility suitable for youth concerts, and other small
groups. What had been suspected and feared by West End residents was
now out in the open.
I believe I understand the necessity for a rehearsal hall. I do not, however,
understand the need for a 500 seat performance facility. A facility that
large would have major impacts on the West End residential neighborhood
in terms of additional auto and bus traffic during more hours of the day for
more weeks and months of the year. My concern is that we will begin to
see year around events, musical and non-musical, driven by the economic
need to keep the facility operating. Millions of dollars will go into its
construction and I seriously doubt that the MAA will allow it to remain
dark during the winter months.
Before the proposed rehearsal/performance facility is allowed to continue
any further in the conceptual planning process, I believe a number of
critical questions must be asked of the MAA including but not limited to
the following: Does the MAA plan to use the rehearsal/performance
An Independently Owned and Operated Member of The Prudential Real Estate Affiliates, Inc.
.,. —
The Prudential
Mason & Morse
Real Estate
514 East Hyman Avenue
Aspen, CO 81611
Bus. (303) 925-7000
Fax (303) 925-7027
facility in the winter? Will the facility be available to outside groups?
Exactly how does the MAA plan to mitigate the traffic problems generated
by a 500 seat rehearsal/performance facility?
I respect Harry Teague and the work he has done in the past. With regard
to the rehearsal/performance facility, he has an impossible task. There is
just no way, in the middle of a flat, open area, to camouflage an 11,000
square foot building with approximately the same interior volume of the
Wheeler Opera House.
In conclusion, I believe a new performance facility is not within the spirit of
the Meadows master plan and does not fall within the parameters of
academic activities. The proposed facility is too big and will have too large
an impact on the surrounding residential neighborhood.
In order for the SPA Development Plan to continue unimpeded at this
time, I suggest that the rehearsal hall be eliminated from the SPA plan
until such time as it has been more fully analyzed. The size and scope of
the project is too massive, the impacts too great, and the unknowns too
numerous for the Council to grant conceptual approval at this time.
Just as George Stranahan and the Physics Center wish to preserve a circle
of serenity, the West End neighborhood wishes to preserve a "territory of
tranquility". In my opinion, that will be impossible with a new 500 seat
performance facility.
Sincerely,
Anne Burrows Ibbotson
An Independently Owned and Operated Member of The Prudential Real Estate Affiliates, Inc.
MORGAN LEWIS GITHENS & AHN, INC.
171
767 FIFTH AVENUE
NEW YORK, NEW YORK 10153
TELEPHONE (212) 593-3700
TELEX 4,273770 MLGA
TELECOPIER (212) 593-3706
April 9, 1991
The Honorable Bill Stirling
Mayor of the City of Aspen
P.O. Box 4723
Aspen, CO 81612
Dear Mayor Stirling:
I am writing to voice my husband's and my concern and negative reaction to the idea
of losing the eastern lawn of the Aspen Music tent.
My husband and I, Patrons of the Music Associates of Aspen, have owned a West
End home since 1977. We remember with fondness the days of having young children and
taking picnics to the concerts. More recently, friends visiting us are charmed by the idea of
an Aspen where people sit on the green grass, watch the incredible skies of Colorado and
listen to music. Hearing that we may lose this tradition makes me understand how much
it means. Likewise, if just the openness of the views towards Red Mountain is preserved in
the crowded West End of crowded Aspen, we would all be thankful.
Thank you for your time and efforts on behalf of this town. It is a treasure worthy
of special care. Please help move the rehearsal space to the western side.
Thank you.
Sincerely,
4e,� k &,", �,
Mrs. Perry J. Lewis
531 West Gillespie
Aspen, Colorado
Aopril 16, 1991
Honorable Members of the City of Aspen City Council
and Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Meadows
Final SPA Development Plan
Dear Honorable Council and Commission Members:
I am writing to bring to your attention what I feel are
certain deficiences of the Aspen Meadows Final SPA Development
Plan.
Subsequent to the submission six weeks ago, it became
increasingly evident that the Plan was significantly incomplete
and it has become necessary to continuously alter it during the
Planning Commission review. Because of the many non-compliance
aspects, a meaningful evaluation and review of the contents as
provided in Chapter 24, Land Use Regulations, of the municipal
code has been precluded.
The content requirements are precisely called out in Section.
7-804(D) and Sections 7-1004(D)(1) and (D)(2). The City Council
in Resolution 2, Series 1991, also was explicit in Condition 4
which states "A Subdivision Plat in full co_mplian_ce with Section
7-1004 D.1 and D.2 shall be submitted ..
The Subdivision Plat is one of the most important
documents in an application for review. The plat submitted has
been called "preliminary" and "a draft". It shows an incomplete
boundary survey, a few subdivided lots, North Street extending
from 7th Street to 8th Street, an inaccurate layout of lots along
Meadows Road and not much more.
The plat shows few of the features outlined in Section
7-1004(D)(1)(a)(3) and Section 7-1004(D)(2) such as sufficient
detail to determine whether the proposed subdivision will meet
design standards, current survey, existing and proposed contours,
location and dimensions of existing streets, easements, drainage
areas, utilities, surface improvements, location, size and type
of existing vegetation and indication of trees proposed to be
removed as well as other items.
Additional application contents to be submitted prior
to review by City Council are six items not on the final Plat as
well as 11 others that should be furnished.
Members of the City Council and Planning and Zoning Commission
April 16, 1991
Page 2
The applicant has requested an amendment to the text to
include Design Standards, 7-1004(C)(4), as a permitted variation.
It is difficult to tell from the application what specific
variations are requested, however caution must be exercised
regarding any exceptions to street standards adopted over many
years to ensure road safety and public health.
A number of plans in the application utilize old maps
and therefore are incomplete and do not reflect present
improvements, including L-6, L-8 and the Vicinity Map.
It appears the SPA applicaton gives little attention to
the adjacent neighborhood areas, specifically along unopened
North Street and Meadows Road. Letters of agreement from the
property owners regarding proposed changes are necessary before
proceeding.
Over the past years, the City has been requested by the
adjacent property owners on North Street to vacate North Street
between 7th and 8th Streets and the north end of 8th Street. This
action was deferred until a plan for the Meadows was developed.
Now is the time to address North Street so that property owners
who only can reach their homes from, the alley, have better
access. Serious consideration should be given to open North
Street at this time. Sheet L-8 of the application shows a
proposed spur road to these residences, but it is not clearly
defined.
On the west side of Meadows Road there are presently
six driveways to private homes. Sheet L-6 of the Final Plan shows
only four cul-de-sacs and little detail on accessing the six
residences and a recently subdivided lot.
Other omissions in the Final Plan exist, but the above are
sufficient to compromise the project for lack of information.
Unless all of the required information is submitted in a Final
Plan prior to review as intended in the code, the applicant,
adjacent property owners and citizens face difficulties, delays
and unnecessary costs.
Because of the magnitude and importance of the Aspen Meadows
proposal to the community, all documents must be in compliance
with the SPA regulations to avoid problems experienced with other
city projects.
Enclosed for your information are copies of my letters to
Planning Director Amy Margerum requesting clarification of
specific Land Use Regulations relative to this project.
Members of the City Council and Planning and Zoning Commission
April 16, 1991
Page 3
I request the Planning and Zoning Commission require a
complete Final SPA submission be presented before any formal
action is taken on the Aspen Meadows Final Spa application and
that any conditions for approval be carefully reviewed given the
lack of satisfactory response to conditions previously set forth
in Conceptual Plan approval.
Thank you for your consideration of this request.
Sincerely.
Charles T. Collins
1
531 W. Gillespie
Aspen, Colorado
January 25, 1991
Ms. Amy Margerum
Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re; Land Use Regulations
Municipal Code of the City of Aspen
Dear Amy:
I am writing to you to request interpretations of Chapter
Z4, Land Use Regulations, as provided in Article 11,
Article 9__ NONCONFORMITIES
Does -this article allow the transfer, conveyance or
subdivision of interest in a nonconforming lot that
would create a new nonconforming lot?
If such a transfer, conveyance or subdivision can be
considered, please cite the enabling section(s) and
authorizing procedure(s).
Article 7_, Division 10: SUBDIVISION
Does this division allow exemptions or exceptions from
the terms of this division other than the exemptions
listed in Sec. 7-1003?
If other exemptions or exceptions can be considered,
please cite what they are and the enabling section(s)
and authorizing procedure(s).
Please let me know if you need additional information to
complete this request.
Thank you very much for your help.
Very truly yours,
K
Charles T. Collins
531 W. Gillespie Street
Aspen, Colorado
March 25, 1991
Ms. Amy L. Margerum
Planning Director
City of Aspen HAND DELIVERED
130 Scuth Galena Street
Aspen, Colorado 31611
Re: Aspen Meadows
Final SPA Development Plan
Dear Amy:
In response to questions during the Conceptual SPA Plan
review, the applicant repeatedly stated that additional
information and details would be forthcoming in the Final SPA
Development Plan.
An inspection of the plan reveals that most of the questions
were not answered and, in fact, it appears the submission plainly
does not meet the requirements established for reviews by the
commission and the city council in Sections 7-804(D) and 7-
1004(D) of the code, as well as other criteria.
Maps included in the presentation are incomplete, in error
and/or out of date with little or no correlation to adjacent
public and private properties.
In view of these deficiencies and the apparent lack of
coordination with surrounding areas, I request that before
proceeding with the application, that full and sufficient details
of the subdivision be provided for review and evaluation as
pointed out in the code.
Please call me at 925-2089 if you have any questions
regarding this request.
Sincerely,
Charles T. Collins
531 West Gillespie Street
Aspen, Colorado
April 16, 1991
Ms. Amy Margerum
Planning_ Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Meadows
Final SPA Development Plan
Dear Amy:
This is a request for an additional interpretation of
Chapter 24, Land Use Regulations, as provided for in Article 11
of the code. These items were brought forth only recently after
the Final SPA Development Plan had been submitted by the
applicant.
Article 9_ NONCONFORMITIES (Marqusee)
Clarification regarding the conveyance of a property right
and construction thereon leaving a nonconforming lot in
violation of the dimensional requirements of the code.
Article 7: SUBDIVISION
The code requires R.O.W. dedication for all streets.
Clarification is requested for the authority or source which
permits retaining the new road in private ownership with a
public access easement, as this is not an existing road nor
one planned for the future.
Article 7: SUBDIVISION
An interpretation is asked for 'local' vs. 'collector'
streets and the qualified party who will evaluate road
safety and public health concerns when proposed street
designs do not meet the city's design standards. In the West
End, streets running north and south to Main and Hallam
Streets would generally be considered 'collector' streets
feeding into an arterial route, that is, Highway 82.
Thanks for your assistance. Please call me at 925-2089 if
you have questions.
Sincerely
Charles T. Collins
LAW OFFICES OF
HERBERT S. KLEIN
PROFESSIONAL CORPORATION
201 NORTH MILL STREET
SUITE 203
HERBERT S. KLEIN
ASPEN, COLORADO 91611
RICHARD S. CROFT' (303) 925-9700
also admitted in Florida
TELECOPIER (303) 925-3977
March 15, 1991
Honorable Members of the City of Aspen City Council
and Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Re: MAA Rehearsal Facility
Dear Honorable Council and Commission Members:
I am writing to you on behalf of Evelyn and Leonard Lauder,
whose home is located directly east of the Music Tent at the Aspen
Meadows. As you are aware, I have participated in your
deliberations on the Aspen Meadows Master Plan and more recently
the SPA Plan at countless meetings and public hearings over the
past year and a half. During the Master Plan process, neighborhood
concerns about the use and location of the proposed rehearsal
facility were considered. Two alternate sites were identified as
the possible location for the rehearsal facility, a "westerly site"
and an "easterly site". The precise site selection was undertaken
by City Council at their December 20, 1990 hearing.
At that time the easterly site was selected, primarily due to
the preference expressed for this site by the Aspen Institute. The
MAA had previously expressed a neutral position on the matter and
would have accepted either site. It has recently come to our
attention that the Aspen institute's expression of a preference for
the easterly site was mistaken and unintentional. I have attached
a copy of a letter dated March 1, 1991, from David McLaughlin,
President of the Institute addressed to Mayor Wm. Stirling. The
letter indicates that the " . . . Institute will accept either an
eastern location or a western location..." and further states:
"Since this subject will be reviewed again in the coming months, I
wanted to clarify our position on this matter for you and others in
the approval process."
On March 13, 1991, the Historic Preservation Commission (HPC)
reviewed the building design and siting for the rehearsal facility
and unanimously expressed their strong preference for the westerly
location (a copy of the Aspen Times, March 14, 1991, article on
this is attached). In order to assist the MAA in avoiding
conflicting directives as to the site, the HPC has requested a
Members of the City Council and Planning and Zoning Commission
March 15, 1991
Page 2
joint work session with both of your boards to reach a consensus
upon which the applicant can rely.
As a participant in this process, I am gratified that the
location for this facility will finally be addressed in a focused
and deliberate mariner. In prior meetings, other Meadows issues of
great concern and debate dominated the time and energy of all
concerned and detracted from the serious analysis of the
implications of the rehearsal facility site selection. Although
this issue was part of the masterplan from the start, it was
decided in a perfunctory manner at the end of the process. In
addition, as revealed by the HPC members comments, they were under
the impression that in the early stages of the process a decision
had been made to select the easterly site and that it was a "fait
accompli". One HPC member described an attempt to urge
consideration of the westerly site only to be told by staff that it
was not going to happen. Perhaps this was the result of the
preference expressed by the Aspen Institute for the easterly site.
The Institute now acknowledges that this preference was mistaken
and unfortunate. In our view, there are elements of the process to
date that are flawed, tainted and suspect.
Clearly, the neighborhood and HPC have very strong preferences
for the westerly site. The MAA and the Institute will accept
either site and are not expressing a preference. To date, no one
has come forward with a compelling argument for the easterly site.
So, one has to ask, why are we in this battle? The work session
will provide an opportunity for you to revisit this issue and,
hopefully, put it to rest.
I would like to briefly state some of our concerns in order to
help you focus on these during your deliberations.
It is undisputed that the easterly site will have significant
and disruptive impacts on the historic visual perspective of the
music tent, the tradition of lawn seating for afternoon concerts
and views from the tent towards Aspen Mountain and Independence
Pass. In addition, this site externalizes these impacts onto the
surrounding neighborhood. The Rehearsal Facility is a significant
building both in size and function and is comparable to placing a
building the size of the Wheeler Opera House in front of the Music
Tent. The westerly site will allow the continued use of the lawn
seating areas, protect views of the tent and permit the added
amenities of the Rehearsal Facility to exist in harmony with the
Music Tent traditions rather than destroying them.
Members of the City Council and Planning and Zoning Commission
March 15, 1991
Page 3
DISADVANTAGES OF THE EASTERLY SITE.
A. LOSS OF MUSIC TENT HISTORIC CHARACTER.
The Music Tent is the primary historic feature of the property
as well as an Aspen landmark recognized around the world. The
easterly placement of the Rehearsal Facility will obscure the view
of the tent and radically change the experience of its unique
placement surrounded by open meadows. The tent will become cramped
between this new facility and the elevated berming proposed to its
west. The tent will become a secondary structure and its historic
character severely diminished.
B. LOSS OF HISTORIC LAWN SEATING.
The placement of the Rehearsal Facility on the east side of
the tent will eliminate the lawn seating that has become an Aspen
tradition for forty years. The community's use of this space is a
historic cultural resource and its loss will not be mitigated by
the "bleacher berms" proposed to be constructed to the west of the
tent. The outdoor music experience will become formalized and
focused instead of its historically unstructured ambiance where the
listener can communee with nature and allow his imagination to
wander along with the music.
C. LOSS OF HISTORIC OPEN SPACE.
The perimeter open space is the most valuable area around the
tent. It serves as a visual buffer to the Meadows facilities and
affords a scenic view of the low profile music tent and its natural
surroundings. The placement of the rehearsal facility at the
easterly side of the tent will expand the visual massing of the
Meadows Property into this valuable open space.
D. TRAFFIC AND CIRCULATION.
The main parking lot which is proposed to be expanded
accessing off Gillespie Street will better serve the westerly
location. The easterly site will draw traffic around the perimeter
of the Meadows and cause conflicts with the Paepcke Auditorium and
the Institute parking lot as well as cause additional congestion on
Roaring Fork Road. More of this traffic could be served from the
Gillespie Street lot if the building did not appear to be easily
accessed from Roaring Fork Road.
Members of the City Council and Planning and Zoning Commission
March 15, 1991
Page 4
E. PEDESTRIAN TRAFFIC FLOW.
There seems to be a narrow space between the berm of the tent
where the new seating is proposed and start of the berm of the
rehearsal facility. Cramping and crowding may result in the flow
of pedestrians from the easterly exit of the tent towards the
direction of the parking lot which will result in delays.
Pedestrian flow from the southwesterly parking lot will have
to cross over the little remaining open space in front of the tent
in order to access the rehearsal facility, thus further diminishing
its usefulness.
F. EXTERNALIZED IMPACTS.
The easterly site is on the perimeter of the Meadows Property
directly across from residential uses. The adverse impacts of this
site will directly affect these residences thus externalizing these
impacts onto the neighborhood.
BENEFITS OF WESTERLY SITE.
A. INTERNALIZES IMPACTS AND REPRESENTS THE "LEAST
CHANGE".
The westerly site internalizes impacts from the development
and thus minimizes adverse effects on neighboring properties. The
westerly site also better serves the goal of maintaining the open
space environment by protecting the perimeter open space areas and
maintains the integrated campus setting of the property. The
westerly site represents the "least change" of the historic uses
and visual character of the Music Tent. This site best serves the
project and the surrounding neighborhood.
B. TOPOGRAPHIC ADVANTAGES.
The terrain at the westerly site will better accommodate below
grade access and effective berming of the building. The easterly
site is flat and no matter how creative the landscaping plan may
be, it will not mitigate or disguise the building mass.
C. OPEN SPACE PRESERVED.
The foreground of the music tent will not be infringed upon by
the westerly site and the open perimeter to the east of the Music
Tent will be preserved for lawn seatings. The traditional "feel"
of the Meadows will be preserved by the westerly site. Although
Members of the City Council and Planning and Zoning Commission
March 15, 1991
Page 5
the westerly site will use land that has not been previously
developed, this "internal open space" is less desirable to maintain
from a community standpoint than the very valuable easterly,
perimeter open space.
For all of the foregoing reasons, we strongly urge you to
approve the westerly site for this facility. It is our
understanding that the MAA and the Aspen Institute will accept the
westerly location and that there are no other interests advocating
the easterly site. Given the potential for significant adverse
impacts on the historic resources of the property and the
neighborhood from the easterly site, we believe that the westerly
site is the best choice and will satisfy the concerns of all the
involved participants in the Meadow's planning efforts.
Thank you very much for your interest in this matter of great
community concern.
Very truly yours,
HERBERT S. KLEIN PROFESSIONAL
CORPORATION
Herbert S. Klein
\lauder\09.1
April 29, 1991
TO:
The Aspen City Council
We, a group of staff members of the Aspen Art Museum, wish to
go on record asking the Music Associates of Aspen to relocate the
rehearsal hall (currently proposed for construction on the east
side of the Music Tent) to a location on the west of the tent.
As long-time residents of the community, we regularly attend
MAA concerts and frequently enjoy the lawn seating currently
available. In fact, it is often the choice made in preference to
tent seating on a warm, sunny afternoon. We support keeping this
Aspen tradition and having the MAA utilize the western site for
adequate rehearsal space.
We would like to explain that our position is in no way an
official policy statement of the Aspen Art Museum, but is, instead,
a deeply felt position of each of the staff members signed below.
� 4104 LTL_ Q-
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(i'ce
GROSS INVESTMENTS
JENARD M. GROSS
Mayor Bill Stirling
P. O. Box 4723
Aspen, Colorado 81612
Bear Mayor Stirling:
April 9, 1991
R`�C�cl�F
Y �'✓�dn,���,r/�3
Yung off
iO4
I am writing you regarding the matter of the location of the
rehersal facility as part of the master plan for the Aspen
Meadows.
It is my understanding that this 11,000 square foot building is
to be built adjacent to the tent at Aspen Meadows. It is also my
understanding that both the Aspen Institute and the MAA are
neutral as to where the rehersal hall is located, but through
some miscommunication, apparently it was decided to be located
on the east side of the tent.
It seems to me that it would be more aesthetically desirable, and
more beneficial to the community, if it were located on the west
side. I think that a lot of people have always enjoyed the
picnicing and the concerts from the east side of the tent, and I
think it would have a very negative impact on the enjoyment of
the Aspen Music Festival to put the rehersal hall on the east.
In view of this, I would respectfully request that you place the
rehersal hall on the west when the matter comes up for a vote.
Thanking you very much, I remain.
Yours truly,
enard M. Gross
JMG/mgs
2700 POST OAK BOULEVARD • SUITE 1 670 • HOUSTON. TEXAS 77056 • A/C 71 3-627-3330
4— 2 9— 9 1 M 0 N 1 0= 3 5 D E N A K A Y E
P _ 0 1
To: Bill Stirling
From: Dena Kaye
Dear Bill—
t;ty R4ajizyerWayor's Office
As I sit in New York among our famous canyons of steel, I am
counting the weeks until sunnier in Aspen begins. I spend a good
part of the year in Aspen, but summer has my heart.
And 1n telling people what makes Aspen so special, in the face
of all the glitz -focused publicity we seem to get during winter,
I tell them about Sunday morning rehearsals when I sit on the
lawn outside the tent with muffins from the Main Street bakery,
and listen my cares away. I teal then about afternoon concerts
when you can arrive wonderfully sweaty from biking up the Bells,
or just walking the Rio Grande Trail, and cool off on the lawn.
with a lemonade --and listen to beautiful music.
I am distressed that the proposed MAA rehearsal hall would
deny all of us one of summer's greatest pleasures. And what makes
music affordable to much of the community. I fervently hope you
and the council wll.l explore all the other options for the site
of the rehearsal hall.
Best,
3711 WILLOWICK ROAD
HOUSTON, TEXAS 77019
April 18, 1991
Aspen City Council
Planning and Zoning Commission
130 South Galena
Aspen, Colorado 81611
Dear Sirs,
We wish to add our support to the request of Mr. and Mrs.Leonard
Lquder that your consideration of the proposed rehearsal tent
be directed towards the alternate westerly site.
We understand that your current considerations are deadlocked
on this issue. We can only hope that you will remember those
wonderful summer days and nights when hundreds of families have
the opportunity to enjoy the grassy lawn of the Aspen meadows
and the wonderful musical opportunities which Aspen is famous
for. We urge your serious consideration of this matter and
hope you will vote for the western site alternative.
Sincerely,
i
Frank and Sharon Lorenzo
100 Alpine Lane
Snow Mass Village, Colorado 81615
FAL:rc
THE UN_ ?RSITY OF CHICAGO
DEPARTMENT OF SURGERY
CARDIAC SURGERY
5841 MARYLAND AVENUE • CHICAGO, ILLINOIS 60637
( 3 1 2 ) 7 0 2 - 2 5 0 0
ROBERT B. KARP, M.D.
Professor of Surgery,
Chief, Cardiac Surgery
April 17, 1991
Mr. Bill Stirling
Aspen City Council
P. O. Box 4723
Aspen, CO 81612
Dear Mr. Stirling:
My wife, Soni, and I are long time owners of property in Aspen.
We are writing at this time to request that the rehearsal hall
which is slated to be built on the east side of the music tent be
be built instead on the west side. The east side has
historically been an area for families to gather with their
children and others who have enjoyed relaxing on this area and
listening to the music. It would be unfortunate to deprive the
residents of this very pleasant spot for recreation.
Please reconsider the plan so that residents may continue to
enjoy this area as they have in the past.
Sincerely,
Robert B. Karp, M. D.
Professor of Surgery
Chief of Cardiac Surgery
RBK: ms
ZUCE KONHEIM
March 20, 1991
Bill Sterling
Box 4723
Aspen, CO. 81612
Subject: MAA Rehersal Facility
Dear Bill,
It has come to my attention that the MAA rehersal facility is tentatively approved
to be built on the easterly portion of the MAA property.
I further understand that this facility could be placed on the westerly side of the
MAA tent area. As a property owner and one who has been involved with real
estate development for over 30 years, I have listed some of my thoughts on this
matter for your consideration.
If built as proposed, we will lose the beautiful open lawn area enjoyed by hundred
of Aspenites each week during the Music festival.
Why would you want to crowd that portion of the property. I could understand the
rational if this was in a high density area in a major metropolitan city.
The area to the west of the MAA tent is far better because of the openness that
exists there. The facility would be designed to blend into the landscaping and be
far more appreciated throughout the community.
I know the Historic Preservation Commission, the adjacent neighbors to the east,
many supporters of MAA, the Institute and the community, favors the facility
being built on the westerly location.
Since the location of the MAA facility is not cast in stone and they would be happy
in either location, please support the site west of the MAA tent. Thank you for
your cooperation and consideration.
Sincere ,
Bru e Konhei
P.O. BOX 580, ASPEN, CO. 81612
(303) 925-2259
UNIVERSITY OF CALIFORNIA, LOS ANGELES
BEREELEY • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO 0
April 16, 1991
UCLA
SAWA BARBARA • SAWA CRUZ
GRADUATE SCHOOL OF ARCHITECTURE AND URBAN PLANNING
LOS ANGELES, CALIFORNIA 90024
Mr Bill Stirling,Mayor
Stirling Homes, Inc.
600 East Main Street
Aspen, Colorado 81611
Dear Mayor Stirling,
I am enclosing this letter dated April 2, 1991
which was returned to me with an incorrect
address.
I am sorry for the delay, and anticipate
your interest and concern for this matter
will not have suffered with this delay.
Cordially,
Hari-iett G ld�
Director of Special Projects
encl.
UNIVERSITY OF CALIFORNIA, LOS ANGELES
BERKELEY • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO • SAN FRANCISCO
April 2, 1991
Mr. Bill Stirling, Mayor
P. O. Box 4723
Aspen, Colorado 81612
Dear Mayor Stirling,
UCLA
SANTA BARBARA • SANTA CRUZ
GRADUATE SCHOOL OF ARCHITECTURE AND URBAN PLANNING
405 HILGARD AVENUE
LOS ANGELES, CALIFORNIA 90024-1467
FAX (213) 206-5566
As part-time residents with a home in the West End of Aspen for ten years, one of our family's favorite
summer pleasures is attending the concerts in the Music Tent. Sunday afternoon concerts, as we all
know, offers an additional rare opportunity of listening to the concerts on the lawn just east of the Music
Tent, for local residents, tourists and their families, and surely for music students.
In addition, as a member of the architecture and design community, I have attended the Design
Conference in June, and have marveled at the construction of sand castles and other design related
activities surrounding the exterior of the Music Tent.
The combination of the music, the majestic beauty of Independence Pass and Mount Sopris, the children
with their dogs romping on the lawn is a visual experience I recall several times during the year, with
the anticipation of repeating this spiritual and magical moment each summer.
I am therefore extremely distressed to learn that there is a proposed project for the construction of a
rehearsal hall on this remarkable easterly site. Because of our part-time residence, we are not always
aware of local projects that surely affect the entire Aspen community, however, we do have a long and
dedicated commitment to the health, future, and spirit of Aspen, and therefore, I do wish to comment
on this project.
I have received and reviewed completely the drawings, correspondence, and newspaper articles, and
would urge the Al and MAA to only consider the westerly site for the rehearsal hall. I do understand
through their correspondence that the westerly site would not adversely impact the Aspen Meadows or
surrounding buildings. And, I am of course, in total agreement with the HPC regarding their preference
and reasons for the westerly site.
The Graduate School of Architecture and Urban Planning, where I have worked for 16 years, and have
been privileged to learn from our faculty of architects, urban planners, and environmentalists whose main
concerns are the environment, clean air, low density, open green spaces whenever and wherever possible,
and most significantly for our subject, the preservation of historical land mass for its original use.
Obviously, this proposed project is very disturbing and troubling to those of us who are totally committed
to these issues.
Aspen remains a haven for those of us living in large urban areas where we are constantly frustrated by
lack of interest or concern by our legislators for these issues. It is our hope that a subject such as the
respect and concern for the beauty and serenity of this historical site is one that the Aspen City Council,
the Mayor, and the Planning and Zoning Commission Members will reevaluate and reconsider for the
future of the Aspen Community and its visitors.
Cordially,`(
Harriett Gold
Director of Special Projects
News America Publishing
INCORPORATED
1211 Avenue of the Americas, New York , NY 10036 • (212) 852-7000
Anna M. Murdoch
Director
April 4, 1991
Mayor William Stirling
City Hall
130 South Galena
Aspen, Colorado 81611
Dear Bill:
One of my most pleasant memories of the last two summers
has been sitting on the lawn outside the Music Tent,
listening to a concert in the twilight.
Evelyn Lauder has recently made me aware that this may
not be available to future residents of Aspen if the
plan for the rehearsal facility goes through as proposed.
I ask you to please reconsider the placement of this
building, in order to conserve one of Aspen's unique
features.
AM. PM
cc: Mrs. Evelyn H. Lauder
Yours sincerely,
CARL'S PHARMACY
4)6 .=&
P. O. BOX 1 365 ASPEN, COLORADO 81612
TELEPHONE 925-3273
March 27, 1991
Mr. Bill Stirling, Mayor
City of Aspen
P. 0. Box 4723
Aspen, Colorado 81612
Dear Bill:
It has come to our attention that the final
determination of the rehearsal hall position
on the Meadows property will soon be decided
by the City Council in the very near future.
We would like to go on record as favoring the
Western Site rather than putting this large
structure on the Eastern Site and thus removing
all of the outside seating around the tent.
Our employees and friends for years have so
enjoyed the privilege of hearing the concerts
seated on the grass outdoors, and we feel this
would deprive them of yet another special benefit.
Consequently, we would appreciate your passing
this on to the other members of the Council for
consideration in making this decision.
Sincerel ,
C'
Carl R. and katie,Bergman
Owners
EAST -WEST CAPITAL ASSOCIATES
95 70 WILSHIRE BLVD., PENTHOUSE SUITE • BEVERLY BILLS, CALIFORNIA 90212 • PHONE (213) 859-1240 • FAx (213) 859-0623
April 2, 1991
Honorable Members of the Aspen City Council
and Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Dear Council and Commission Members:
I have recently been in contact with the Leonard Lauders and read
the letter of Herbert Klein dated March 15 to you. I have also
discussed this matter with other of my friends who are frequent
attendees at the Music Tent.
I am in complete agreement with Mr. Klein and the points he brought
out in his letter to you. I would like to add my voice to those
who are in favor of, and offer strong support for, the western site
for the rehearsal facility. .
Very truly yours,
*ervelson ITF- /
126 EAST 56TH ST, 28TH FLOOR • NEw YORK, NEw YORK 10022 0 PHONE (212) 319-1140 0 FAx (212) 319-1084
Paul C. Schorr, m
March 22, 1991
Mayor
P. O. Box 4723
Aspen, Colorado 81612
Dear Mr. Stirling:
I wish to express my strong support for the westerly
location of the MAA Rehearsal Hall site.
We own a home in Snowmass and frequently attend Music
Tent Events. We appreciate the charm of families
enjoying themselves on the lawn to the east of the
tent. It will be a tragedy to destroy that tradition.
I understand that both the MAA and Aspen Institute are
neutral about the location of the rehearsal hall.
While there is a requirement for rehearsal facilities,
please keep the tradition and experience for those who
enjoy the lawn.
Thank you for your consideration.
Yours very truly,
a
3711 WILLOWICK ROAD
HOUSTON, TEXAS 77019
April 3, 1991
Honorable Members of the Aspen City Council
and Planning & Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Re: MAA Rehearsal Facility
Dear Honorable Council and Commission Members:
We wish to express our support for your deliberations
on the Aspen Meadows Master Plan and the selection of the
westerly site for the rehearsal facility.
As homeowners in Snowmass Village, we repeatedly
enjoy sitting on the lawn for the afternoon concerts and
feel that the entire Aspen family of participants is united
in its earnest concern for preserving this tradition.
We thank you for your serious consideration of this
matter.
Sincerely,
Sharon & Frank Lorenzo
100 Alpine Lane
Snowmass Village, CO 81615
RL IIVED
APR Z- 1u.91
Edward A. Goldstein
416 Comstock Avenue '' pAanagerlNayor'S Office
Los Angeles, California 90024
April 3rd, 1991
Honorable Members of the City of Aspen Council
and Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Re: M A A Rehersal Facility
Dear Honorable Council and C o m mission Members
I own a home on Roaring Fork Road, of which I am a frequent
occupant, spending usually about 3 months :n the summer, with
occassi onal other stays.
As such I was extremely interested (and concerned) upon reading
a copy of Herbert Klein's letter to you dated March 15th, 1991.
While I completely concur with Mr. Klein's thoughts and excellent
review of the matter I will not belabor you with a repitition of
them. Rather I would like to stress just one point
The entire present ambiance of the annual concert season (which
is the major factor in Aspens attraction for me as well as many,
many more casual visitors) it of a piece. The proposed siting of
the rehearsal facility would most assuredly degrade that ambiance,
making the attraction much less compelling.
On the contrary, the alternative western location would only
minimally dilute the present wholly delightful situation and
would have the further advantage of providing a superior fatality
for the MAA.
In view of the foregoing I stongly believe that any delays or
other drawbacks that might result from adjusting to the western
location would be more than compensated for by the end result.
I appreciate your having taken the time to read this and hope
that my thoughts will be considered when you render your decision
on the m atter.
Thank you.
Sincerely yours,
Edward A. Goldstein
RECEIVED
MAR 2 2 391
City Manager/Mayor's Offic..
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MAR Z 2 231
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April 8, 1991
City Nianagerrtv1aym's Office
Honorable Members of the City of Aspen City Council
and Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Re: MAA Rehearsal Facility
Dear Honorable Council and Commission Members:
I am writing this letter as a concerned Aspen resident. When I
heard the rehearsal facility was going to be built East of the
music tent I was deeply upset.
Aspen has lost so many of its wonderful traditions to growth that
the thought of another one being taken away was more than I could
fathom.
There seems to be some misunderstanding that the Aspen Institute
was supporting the easterly location. In actuality, the Aspen
Institute and MAA are neutral as to the East or West locations,
and that the original preference for the easterly site by the
Aspen Institute was a mistake. The Institute, in a letter from
David McLaughin to Mayor Wm. Stirling, stated that it would
accept either an eastern or western location.
There are two issues that need to be addressed in the decision of
locating the rehearsal hall, the visual impact and the human
impact. I will address each individually.
Visual Impact
If the rehearsal hall is located on the Easterly site, we will
lose the visual effect of the music tent sitting in the meadow
drawing people to its architecturally interesting design, I am
assuming that the majority of the people attending the music
enter from third street. This vision of the music tent has been
with us for over forty years. We would also lose the view of
Independence pass from the tent, which to many people is
considered quite spectacular.
The visual loss from the westerly site would be the open space of
the meadow on the west. Our visual loss of the Pitkin Green
houses and the ridges are not quite as spectacular as
Independence Pass.
Honorable Council
April 8, 1991
Page Two
Human Impact
The lawn seating has been an Aspen tradition for over thirty
years and offers a wonderful experience not just for a select few
but for all.
By locating the site on the easterly side, we would be limiting
both the size of the outdoor seating and the ability of the
parents to bring their small children with them to the music
tent. On many an afternoon you will see parents with babies and
toddler children picnicking and listening to the music.
Now a parent can sit comfortably, listen to music and the
children can listen or play. The children's play takes place
further from the music tent toward the parking lot and the noise
is absorbed out in the open space. If the easterly site is
chosen, there will now be a berm around the building which would
require the children to play out of sight of their parents on the
other side of the berm. This creates an impossible situation for
a conscientious parent who wishes to listen to music but do not
like their young children out of their sight.
If parents did let their children play between the music tent and
the rehearsal hall, it appears that the noise would reverberate
off the rehearsal hall and impact the tent patrons.
The westerly location of the rehearsal hall would have little or
no impact on the people attending the music outside of the tent.
We moved to Aspen to raise our family in this magnificent area
because of the opportunities to enjoy nature, culture, sports and
an incomparable lifestyle. Don't deny valley residents the
chance to hear music, picnic and view the surrounding mountains.
I have a 3 year old son who has an opportunity, like other
children in our area, to enjoy and learn from this unique
atmosphere.
Our children are the MAA's future musicians and future music
patrons, let's not stop giving our children and residents of the
Aspen valley opportunities forsaken in other communities.
Honorable Council
April 8, 1991
Page Three
Since there are no strong adverse impacts with the westerly
location we strongly urge you to approve the westerly —site as the
best choice for the rehearsal facilities.
As I do not have all the facts, there may be some financial
reasons for locating on one site or another. The building of the
rehearsal hall, should be reviewed and approved as any other
developer bringing a project before the city. In most of those
cases you have forced the developer to spend additional monies in
their planning and construction costs by forcing them to locate
and build in a manner to protect the view planes, the visual
impacts and the traffic patterns. Don't let up .now.
Thank you for your consideration in this very important matter.
Sinc rely,
44 LBJ7�7'L�
Sam and Heidi Houston
cc: Historical Preservation Society
Aspen Planning and Zoning Commission Members
Aspen Times
CHARLES B. ISRAEL
President
March 25, 1991
Mr. Bill Stirling, Mayor
P.O. Box 4723
Aspen, Colorado 81612
Dear Mr. Mayor:
For the seventeen years I have lived in Aspen, I have been a sponsor
of the Aspen Music Festival. I attend various performances every year,
but since having lived on Roaring Fork Road some years ago, I have
come to know and enjoy picnics on the lawn during many of the concerts
with hundreds of other locals.
Plans to locate a rehearsal facility on "our picnic area" when other space
is available on the west side of the tent is only another attempt by P& Z ,
as well as our city council, to adversely impact the "quality of life" we
all came to Aspen to enjoy.
Put the rehearsal facility where it should be and do not ruin our Sunday
concert pleasures by some ridiculous decision made without consideration
to the wishes of the community.
Sincerely,
buo el I �rJ4�
Charles B . Israel
President
534 E. HYMAN AVE. • P.O. BOX 3677 9 ASPEN, COLORADO 81612 9 303/925-6700
SUITE 2000
1900 AVENUE OF THE STARS
LOS ANGELES, CALIFORNIA 90067
April 5, 1991
Dear Council Members:
My wife and I are dismayed at the news of a
proposed rehearsal facility on the site of t;c Aspen
Meadows, east of the Music Tent. While we heartily
endorse a needed rehearsal facility, we strongly
question the wisdom of the proposed easterly location.
One of the great joys of summer participation in
the Music Festival in the use of the vast green area
for families to enjoy the music outdoors. "Blanket
listening" includes individuals and families who might
not find indoor seating affordable and alleviates
congestion in the tent for many popular concerts. The
sheer pleasure of listening to music outdoors, visiting
with friends during intermission and enjoying the
beautiful vistas are all part of the Music Festival
experience. Many people would be deprived of these
wonderful experiences if the rehearsal hall is built on
the eastern side of the Music Tent.
My wife and I are Aspen homeowners. We are
involved with the Aspen Institute and are regular
participants in the concert programs. There is nothing
like the summer Music Festival. We agree with the need
for a new rehearsal space, but please, build it on the
westerly side of the Music Tent.
Sin re1lyy,,
Arthur N. Greenberg
Honorable Members of the City Council
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
9991000000-51804.101
Clifford & Janet Dossigny
P. O. Box 2657
Aspen, Colorado 81612
Bill Stirling, Mayor
P. O. Box 4723
Aspen, Colorado 81612
Dear Mayor Stirling,
March 22, 1991
We are concerned about the site of the new MAA rehearsal
building. We agree that the building is needed, and we
appreciate its attractive design with much of it underground,
minimizing its impact. We hope you will choose the westerly
location for it.
Over the years when we have sat outside for concerts, we have
enjoyed a lovely combination of pleasant sensations, such as:
- hearing the music we are fortunate enough to have here
each year;
- seeing the beauty of our nearby mountains, especially
toward Independence Pass;
- relaxing in the park -like surroundings, feeling the
grass, leaning against a tree, feeling the breeze;
- greeting friends, neighbors, and people we don't know yet,
and sharing a sense of tranquility and enjoyment of all of
the above pleasures.
We know there are other concerns besides ours relating to the
easterly location, and the loss of the outside surroundings as
they are today is the concern affecting us the most. Please take
this, and other concerns, into consideration when choosing the
location of the rehearsal building. Please choose the westerly
location; don't replace what we currently have with bleacher -berm
seating and a view of the tent. Thank you very much for your
attention to this.
Yours very truly,
r
Clifford Dossigny
1
Janet Dossigny
The Aspen Institute
David T. McLaughlin
President
March 1, 1991
Mayor William Stirling
City Hall
130 South Galena
Aspen, Colorado 81611
Dear Bill:
PFCF1;�)
PIAR -1
City Mana
•• office
One of our Trustees has raised concerns about the position of The
Aspen Institute concerning the location of the MAA proposed rehearsal hall
facility. The placement of this facility has been the subject of preliminary
review at HPC, P&Z and the Council.
In the review proceedings, I have consistently stated that the Institute
will accept either an eastern location or a western location and that the final
decision should be based on MAA's operational needs and on Council's
preference. Our position is unchanged. Our primary interest has been to
support MAA's requirement for such a facility in a design form that meets
their operating needs.
I understand that in one of the P&Z meetings on this issue, the
Institute was represented as having a preference for a western location. The
matter of our possible preference should not even be considered since the
decision should be made based on community interest and MAA's needs.
Either site is acceptable to the Institute.
Since this subject will be reviewed again in the coming months, I
wanted to clarify our position on this matter for you and others in the
approval process.
ar
David T. McLaughlin
P.O. Box 222, Queenstown, MD 21658 - (301) 820-5426 - FAX (301) 827-9182
Washington DC Office: 1333 New Hampshire Avenue, Nw, Washington, DC 20036 (202) 466-6410 FAX (202) 467-0790
Attachment "E"
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer Vfl
Date: May 23, 1991
Re: Meadows - Intersection Design of 7th & North
Attached please find a letter and drawing of an intersection that
the traffic and transportation engineer would be able to approve
with one stop sign only. (I called, and he merely forgot to
remove the other two indicated signs from the original drawing on
which he overlaid the new alignment.)
It is my recommendation that the modified alignment be adopted in
order for the intersection to perform well as a through route to
and from the Meadows. This will reduce the number of stop signs,
the number of vehicles stopping, the amount of noise from trucks
accelerating from a standstill, and the amount of air pollution
from increased exhaust emissions.
If the traffic and transportation expert is unable to approve a
single stop sign on the current "T" intersection, it is
questionable if a city engineer would be able to do so either.
As to Bob Felsburg's discussions of cuts and fills, and grades
and site conditions, much of the bottom line on those
considerations is economic, and the words "least cost" are
implied in the discussion. That is, more favorable results can
be realized but at greater expense.
cc: Bob Gish, Public Works Director
Amy Margerum, Planning Director
cr/M91.134
MAY
17
191
10:42
PAGE.002
F
E
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S B U
R
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H
0
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T
U
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L
E V I
C
.May 17, 1991
XEXORANDUK
TO: Chuck Roth, P.E.
Aspen City Engineer
FROM: Bob Felsburg 15F�
SUBJECT: Seventh Street/Meadows Road Intersection
FHU Reference No. 90-076
In response to your telephone call of yesterday, attached is a
copy of the conceptual alternative layout of the Seventh
Street/Meadows Road intersection which you requested. This is
a horizontal layout only and does not include the vertical
profile, which is available from A.J. Zabbia.
As we discussed, this concept would have the benefit of pro-
viding continuous movement from Seventh Street to Meadows
Road, -with a single STOP sign on North Street. However, this
alternative also has a number of drawbacks:
o It potentially would require the destruction of addition-
al trees.
o The grade on the resulting road would be 8 percent.
o Cut and fill would be significant. The fill height in
the vicinity of the eastern single family lot would be as
high as 5-6 feet. This fill would extend 15-20 feet into
the lot. In addition to the visual impacts of this cut
and till, the amount of fill will also make it difficult
to access the eastern lot from Meadows Road.
o To minimize these impacts of the fill, -it would be neces-
sary to move the eastern lot (and possibly the lot next
to it) an additional 20 feet into the open space of the
race track.
Spocializinq in Transporlation
and Civil Engineering
5299 DTC Boulevard • Sui1e 400
Englewood, Colorado 80111
, (303) 721-1440
MAY 17 191 10_43
PAr_,E . 003
May 17, 1991
Memorandum to Chuck Roth
Page 2
Given the many criteria desired by P&Z and City staff at the
beginning of the process, this alternative does not seem to
provide the best balance of all considerations.
If you have any further questions, please feel free to call.
RWF/co
d
00+1
00 +
1/
00+1
TO: Mayor and City Council
THRU: Carol O'Dowd, City Manager
THRU: Amy Margerum, Planning Director //V
FROM: Kim Johnson, Planner (�
DATE: May 20, 1991
RE: Aspen Meadows Final SPA, Continued Public Hearing and
Consideration of Ordinance 13 and Ordinance 14 (second
reading)
SUMMARY:
The public hearing was opened at the May 13 City Council meeting
after project summary by staff and presentations by the
Applicant. Council discussion and public comment was focused on
Ordinance 13 which amends the land use regulations and creates
two new open space zone districts. Tonight's discussion will
follow the format of Ordinance 14 which outlines the conditions
of approval as forwarded by the Planning and Zoning Commission
and amended by staff. Within this discussion, the Council will
consider the issues presented in the April 29 and May 13 Planning
memo. Issues brought up on May 13 with reference to Ordinance 13
are discussed below.
ISSUES:
1) An issue raised on May 13 concerned the redundancy of the
proposed amendment to the Academic (A) zone district to allow
"Any uses approved within a final development plan for a
Specially Planned Area (SPA)." The Applicant was extremely
concerned that without substantial support of this code
amendment, financial institutions would consider the Aspen
Institute uses non -conforming. Staff has discussed an
alternative with the City Attorney which calls for findings to be
made very clearly in Ordinance 14 which confirms that because of
the SPA overlay, the uses are considered conforming by the City
of Aspen. For some reason the SPA overlay is removed from the
property, any uses inconsistent with the underlying zone district
would be legal non -conforming uses. If the Applicant agrees with
this approach, staff recommends deleting Section 1 from Ordinance
13.
2) The City Council recommended that Ordinance 13 be amended to
add those Conditional Uses proposed in the Wildlife Preservation
zone to the proposed Open Space zone. The.storm water detention
conditional use is discussed in detail below. Staff recommends
that storm water detention uses not be listed as specific uses in
either of these proposed zones. The other two uses, fencing and
downcast low -illumination lighting for walkways and trails, would
be better suited as permitted uses rather than conditional uses.
Staff recommends that paragraph B. of Section 2 of Ordinance 13
be revised as follows:
C. Permitted Uses. The following uses are permitted as of
right in the Open Space (OS) zone district.
1. Paved and unpaved walkways;
2. Benches;
3. Sculpture;
4. Water features such as ponds, streams, or
fountains;
5. Architectural lighting, and downcast low -
illumination lighting for walkways and trails;
6. Sculpted or manicured landscape features;
7. Fencing.
3) City Council asked if surface and underground storm water
detention facilities would be prohibited in all other zone
districts given the fact that this use is specifically allowed in
only the proposed WP and OS zone districts. Staff noted at the
hearing that most other zoned land is limited in acreage to
effectively accommodate such uses, however, we believe it is a
valid concern. As an alternative staff recommends removing the
drainage language from the proposed Wildlife Preservation and
Open Space zones and amending condition #9 in Section 5 of
Ordinance 14, reading:
9. The Developer shall grant to the City all necessary
surface and subsurface easements for the location and
creation of a storm water drainage detention structure or
facility in the area of the racetrack and shall depict
shall, as approved by the City Engineer and Planning
Director, on the final plat. The construction of any storm
water drainage detention structure or facility shall be
preceded by public notice as specified in Section 24-6-205
E(3)(a) of the Municipal Code (publication), and an
opportunity for public comment before the City Council.
Because an SPA overlay allows varying uses on the property, the
surface and underground drainage facilities would be an allowed
use on any property with an SPA overlay. This approach allows
for staff and public comment on specific drainage facilities at
the Meadows but does not limit such uses to only WP and OS zones
districts.
Section 3, paragraph C. should be amended to read:
6
C. Conditional uses. The following uses are permitted as
conditional uses in the Wildlife Preservation (WP) zone
district, subject to the standards and procedures
established in Article 7, Division 3.
1. Paved walkways and trails;
2. Fencing;
3- �trraee-er-ttnelergret�nel-stertx-;aae-e�et�rtt3vn
43. Downcast low -illumination lighting for walkways and
trails.
4) Another point of discussion was the detention easement
specified in the racetrack area. City Engineer Chuck Roth has
submitted a new memo to Planning in an effort to clarify some
questions (Attachment "A").
5) The City Council also asked staff to return with alternatives
to Section 5 of Ordinance 13 which deals with amendments to the
section of the code covering City Council's ability to grant GMQS
Exemption for essential public facilities. Council wanted
revised language which would broaden the discretion by City
Council to grant such exemptions. Again, staff's recommended
language was intended to narrow the cases in which City Council
would have discretion in granting exemption from the mitigation
requirements of the Code. Council currently has the discretion
to grant exemption from GMQS competition to any essential public
facility.
The proposed language which modifies the GMQS Exemption section
in the code allows Council to:
"determine upon application that the development associated
with arv-existing non-profit entity in an Academic (A) zone
district qualifies as an essential public facility and may
exempt such development from the GMQS and from gtteh some or
all mitigation requirements as it seems appropriate and
warranted." (bold and strikeout from Council comments on
May 13)
Staff drafted this language in this manner to specifically limits
its use among non-profit organizations. Staff believes that the
long term ability to apply this section is limited due to the
fact that the Academic zone is limited in basic intent. If the
City Council desires to broaden the applicability of this
language the option of taking out the reference to the Academic
zone is available. Staff continues to recommend the language as
proposed.
6) Another issue that has been brought to staff's attention is
the winter and summer use of the property by the non -profits over
time and how to maintain assurances that a certain percentage of
3
use will always be of a non-profit nature and be considered over
time an "essential public facility." Staff recommends that a
condition be added to the approval ensuring that at a minimum
summer use of the facility be dedicated to non-profit events to
ensure long term viability of the overall benefits to the Aspen
Community associated with these uses. We request input from City
Council on this issue.
STAFF COMMENTS:
1. Since the May 13 meeting, staff has reviewed the information
provided by Fred Smith regarding the revisions to the parking
structure. The ventilation engineer has clarified that the pro
shop and restrooms could be moved back against the tennis courts
(approximately 51) without requiring mechanical ventilation. The
consultant also verified that the garage could only be reduced 1
foot in height (from the original design submission) before
needing mechanical ventilation. This information satisfies staff
that the structure is as low and as far from the road as
possible. Please.see Attachment "B".
2. City Engineer Chuck Roth has spoken to Bob Felsberg, traffic
consultant to the Meadows regarding the Meadows Road, Seventh,
and North intersection. Mr Felsberg mentioned the need for three
stop signs at that intersection. Staff is expecting further
information from him and will continue to study the intersection.
3. The Historic Preservation Committee gave final approval to
the residential component of the Meadows (Trustee Townhomes and
Tennis Townhomes, and advisory review for the single family
homes). Roxanne Eflin submitted Attachment "C" describing the
conditions of approval and additional comments.
4. Staff has also received a letter from Fred Smith outlining
the tree removal and relocations for the Aspen Institute property
(Attachment "D"), a letter from Appropriate Technology Associates
describing energy efficiency techniques for the Meadows property
(Attachment "E"), and a memo from Fred Smith regarding the
interim and construction parking plan (Attachment "F").
CITY MANAGER CON14ENTS:
Attachments:
"A"- May 15 Memo from Chuck Roth, City Engineer
"B"- May 15 Letter from Design Engineering Services Regarding the
Parking Structure Ventilation
"C"- HPC Comments from Roxanne Eflin
"D"- Tree Relocation Letter from Fred Smith
"E"- Energy Efficiency Methods by Appropriate Technologies Assoc.
"F"- Interim and Construction Parking Plan Memo from Fred Smith
4
Attachment "A"
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer
Date: May 15, 1991
Re: Meadows Application - City Storm Water Requirements
In 1973 the city received the "Urban Runoff Management Plan" from
a consulting engineer and adopted it into the municipal code at
Section 24-7-1004.C.4.f. The "Urban Runoff Management Plan"
therefore is similar to an adopted trails master plan or an
adopted transportation master plan which enables the city to
acquire needed easements for trails, transportation or urban
runoff facilities.
The Clean Water Act requires the City of Aspen to obtain a permit
by October 1, 1992, for the city's storm water system. The
mandate from the federal government will be to treat urban runoff
to the "maximum extent practicable."
The easement that city staff has requested of the Meadows is
identified in the runoff management plan. The easement is for a
five acre foot detention pond. A'detention pond is a facility
which holds runoff water in order for suspended solids to settle
out before the water is discharged to a receiving body of water
such as the Roaring Fork River or Castle Creek. Five acre feet
is five acres of surface area one foot deep or one acre of
surface area five feet deep, et cetera.
Staff has requested a large easement envelope (the entire
wildlife preservation zone area) in order to have the flexibility
to design the most acceptable project to the community and the
Meadows property owners. However, the size of the facility
remains constant at five acre feet. There is no plan at this
time for construction of the detention pond.
In response to criticism of the process for requiring the Little
Nell Hotel to bury their storm runoff facility without the city
being required to do so, the comparison is inappropriate. It
appears that site conditions required burial, not the city. That
storm runoff facility was for the project site only, and not for
a portion of the community at large as will be provided for by a
detention pond at the Meadows. The size of the Little Nell
facility was a small fraction of the size of the community's
needs at the Meadows. Such a pond will treat the runoff from
most of the West End. Finally, the applicants are providing for
their own site storm runoff needs with a one acre foot pond which
they are not proposing to bury underground.
If the council or the community wants to provide a buried
facility at the Meadows, it is possible from an engineering
standpoint. From an economic standpoint, it would cost far more
to build and maintain a buried storm water detention pond.
If the council or the community does not desire to provide for
storm runoff water quality treatment facilities at the Meadows
location, it is engineeringly possible to pipe such runoff water
to any desirable location, although at increased costs due to
additional construction and probable pump station needs. In this
event, since the easement is required by the municipal code, the
applicant would need to request an SPA variation under the
proposed amendment to Section 24-7-804D in order to delete the
easement requirement.
cr/M91.125
MAY— 5-' IGN ENGIN SERJ TEL N11:415495G
t1097 P02
Attachment "B"
Design Engineering Services
May 15,1991
Mr. Fredrick A. Smith, Vice President
The Aspen Skiing Company
Box 1248
Aspen, Colorado 81612
Subject. The Aspen I:tstitute - Parking Garage
Aspen, Colorado
Dear Mr. Smith:
We have examined the revised architectural drawings of the parking garage in the
above project and find that, in accordance with the 1988 Uniform Building Code,
Page 59, Sec. 709. (b), 2., which is enclosed, the garage has enough openings to be
ventilated naturally. 1 have enclosed the calculations to back up this assertion.
In addition to including the calculations for the garage as designed we have Also ran,
at the architect's request, calculations for lowering the garage floor by one foot.
These calculations also indicate that the garage would still be able to be classified as
naturally ventilated although the precentag" are dose to the minimum required by
code. In addition to this the lowering of the garage has the effect of increasing the
length of the entry ramp by appro)drnately 12 feet which would then negatively
impact the entry height, limiting it to approximately seven feet_
It is very important that the snow always be cleared from the open ventilation areas.
If snow is allowed to corer the area of the openings the amount of natural
ventilation would be considerably diminished possibly leading to a build-up o`
automobile exhaust gases in certain areas.
If you require additional information or have any questions regarding this letter
please call me.
Very truly yours,
Design Engineering Services
2 RichW-
Itichard W. Ehre
nberg,rg, Vice rresi nt
RWE'mr
enc. Copy of Code section, Calculation Sheet.
cc: Backen Arrigoni & Ross - John V. Y. Lee
t to New Man!gvmery 8'.rcet, GOO 816 • GAO Ra—i—, CA p4105.415 ,'54&7905 • FAX 415 J 495-6352
MAY-15-31 10.35 L-I N ENGHN SERl1 TEL N0:41549�
$1097 P03
CALCULATION 6HEET (aa shown on plans)
GARAGE WALL AREAS (perimeter wan areas by elevatlon).
ELEVATION & AREAS REQUIRED OPEN AREAS (209/6)
North - 122' x 9' = 1,098 Sq. It. 220 sq. it.
'(South - 122, X T = 864 sq. ft. 171 sq. ft.)
East - 252' X 6' 2,01 a sq. ft. 403 sq. ft,
TOTAL AREAS 51130 sq. ft. 7,02$
'South wall has no openings so areas are not inoluded. However south wall
perimeter is included for the 4001. perimeter rule.
TOTAL PERIMETER OF MINIMUM OPEN LENGTH
GARAGE WALLS REQUIRED (40%)
7a8 lineal feet 300 lineal feet
GARAGE WALL OPEN AREAS (perimeter wall areas by elevation).
ELEVATION & OPEN AREAS
North - 122' X 4'
= 468 Sq. tt•
* ( South - 122' X 0'
= 0 6q, ft.
East - 43' X 4'
G 172 sq. ft.
78' X 3'
- 234 sq. ft.
101' X 2' "
= 202 sq. ft.
ACTUAL OPEN AREAS BY %
44,49'o
0%
30.2%
West - 67' X 7' = 469 sq. ft. O
81
TOTAL OPEN AREAS 1,726 sq. ft.
33.6%.
-South wall has no openings so areas are not Included. However south wall
perimeter is included for the 40% perimeter rule,
TOTAL PERIMETER OF MINIMUM OPEN LENGTH
RE
OPEN GARAGE WALLS REQUIRED - (40%)
431 lineal feet 300 lineal feet
Open perimeter Is 57.6% of total parlmoter.
MAY-15-'91 10: ID:• 5N ENGIN SERU TEL NC:415495G�-
t#09^ PO4
I
CA,LCUI,ATION SHEET (garage floor louvered ONE foot)
GARAGE WALL AREAS (perimeter well areas by elevation).
ELEVATION & AREAS REQUIRED OPEN AREAS (200/6)
North - 122' X 9' = 1,098 sq. ft. 220 sq_ tt.
"(South - 122' X T = 854 sq. ft. 171 Sq. ft.)
East - 252' X 8' = 2,016 sq. ft. 403 sq. ft.
West 252' X A' _ 02 16 sa ft 03 s -L
TOTAL AREAS 5,130 sq. tL 1,026 sq. ft.
`South wall has no openings so areas are not Included. However south wall
perimeter Is Included for the 40% perimeter rule.
TOTAL. PERIMETER OF MINIMUM OPEN LENGTH
GARAGE WALLS REQUIRED (40%)
746 lineal fcct 300 lineal feet
GARAGE WALL OPEN AREAS (perimeter wall areas by elevation).
ELEVATION & OPEN AREAS ACTUAL OPEN AREAS BY 11/6
North - 122' X 3' F 366 sq. ft.
33.3%
*(South - 122' X 0' - 0 sq. ft.
0%
East - 43' X 3' = 129 sq. ft.
78' X 2' 156 sq. ft.
101' X 1' = 101 sq. ft.
19.1 0/0
West - 67' X r c 469 & • ft
TOTAL OPEN AREAS 10381 sq. ft.
L5'9"6
`South wail has no openings so areas are not included.
However south wall
perimeter is included for the 40% perimeter rule.
TOTAL PERIMETER OF MINIMUM
REQUIRED
OPEN LENGTH
- (40%) OR MORE
OPEN GARAGE WALLS
300 lineal feet
431 lineal feet
perimeter -
FOR
f � f
Attachment "C"
To:
cc:
From:
Re:
Date:
Any Margerum, Planning Director
Kim Johnson, Meadows Project Planner
Aspen Historic Preservation Committee
Roxanne Eflin, Historic Preservation Officer
Summary of HPC reviews, action taken and conditions of
approvals
May 16, 1991
SUMMARY: Over the last few months, the Historic Preservation
Committee has been reviewing the Aspen Meadows project, tracking
closely to the SPA approval process. This memo is designed to
summarize the review and approval actions taken to date, clarify
conditions that should be incorporated into the approval
Ordinance, and specify those actions are remain outstanding.
It should be noted that the HPC, consisting of both the Meadows
sub -committee and the entire Board, has worked extremely hard to
meet the demanding approval process schedule, even in light of
missed application deadlines. Numerous special meetings and
worksessions have been scheduled throughout, and other projects
postponed to allow the Meadows top agenda priority. The
applicant has stated publicly their appreciation for the HPC's
dedication to the Meadows review. Both the HPC and the applicant
agree that this positive working relationship has produced a
significantly better design in every aspect of the multi -faceted
project.
PHASED REVIEWS: In order to break down the project into easily
managed reviews, staff divided the project components into the
following three sections:
1) Residential: Trustee Townhomes (Bayer design), Tennis
Townhomes (proposed), carports for both, and four
single family home sites (advisory only)
2) Academic: Chalets (advisory), Kresge Buildings I and
II, Health Club, Parking Structure, Restaurant, and
predominant landscaping features in these areas
3) music: Proposed Performance Hall, Backstage addition
to the existing tent, bus drop off area, and
predominant landscaping features in these areas
The following review approvals have been granted to date:
1) Residential: Conceptual approval subject to nine
conditions to be met at Final review was granted on
February 13, 1991. All nine conditions were met at
Final, which occurred on May 8, 1991. No additional
conditions were included in the Final approval, except
for those advisory recommendations as noted below. The
HPC is generally pleased with the architect's design
sensitivity to the Bayer townhomes, and found the
proposed Tennis Townhomes compatible with the
predominant International style found at the Meadows.
Three recommendations where included under HPC's
advisory capacity for the four single family home
sites. The HPC recommends that these be carefully
considered by Council, and be incorporated where
appropriate:
a) Building envelopes should vary to relate to
the uneven setbacks found throughout the
immediate neighborhood. Clearly delineated,
consistent setbacks of these four large
parcels will result in a hard edge of
structure, vs4 the undulated established
rhythms in the area, in their opinion. This
"building wall" is design issue that the HPC
feels strongly should be avoided.
b) Indigenous, deciduous trees (aspen, male
cottonwoods) should be planted in the rear of
each parcel to soften the visual impact of
structures encroaching into the oval
"meadow". These should be irregularly
spaced, and carefully selected, but not be
allowed to appear as a defined line at the
back edge of the parcel.
c) The Design Review Board should not consist
solely of the developer, property owner and
architect. At least one neighbor, and
perhaps one member of the HPC should be
included.
2) Academic: Conceptual approval subject to eight
conditions to be met at Final review was granted on
March 21, 1991. It should be noted that the motion
included granting conceptual approval to the backstage
addition to the tent as well.
The HPC met in worksession with the applicant on May 15
to review the Final Development application for
compliance with the Conceptual conditions. It appeared
at that worksession that most of the conditions were
met, with formal review occurring on May 22 at a
2
regular meeting of the HPC.
It should be noted that between Conceptual and Final, a
number of design changes occurred to the Chalet and
Kresge structures. It should also be noted that the
Final review of this portion of the project was
scheduled for May 8, however, the applicant did not
submit complete drawings until over a week past the
submittal deadline. Therefore, this portion was
postponed until May 22. The HPC and staff were
concerned about the basic design changes, and the
overall compatibility to the Meadows'
International/Bauhaus architectural style. These plans
are hard to read, making a thorough review even more
difficult.
During the May 15 worksession, a number of design
changes were strongly recommended by the HPC, that the
applicant agreed were appropriate. we anticipate
additionally revised drawings to be presented at the
May 22 meeting.
The conditions of Conceptual approval are summarized as
follows:
1. Partial demolition standards shall be addressed
regarding the Chalet buildings.
2. New Kresge building and backstage addition are to
be staked relative to perimeter and height.
3. Material representation made at Final
4. Cross section drawing prepared indicating
relationship between lower fox mound and Kresge
Building (6).
5. Final landscape plan indicating all significant
existing and proposed vegetation, surface treatments
and lighting.
6. Final elevations prepared regarding restaurant
expansion.
7. Roadway width reduction be studied in the
chalet/restaurant/academic area.
8. Detailed drawing of tent/music area parking lot
treatment and bus drop-off area be submitted.
3
3. Music: Perhaps the most challenging design aspect of
the entire project is the proposed performance hall.
The HPC has spent many hours reviewing the proposal's
siting, overall size, height and mass, materials and
landscaping. Conceptual Development approval was
finally granted on April 8, 1991, after a number of
tabling actions and public hearing continuances.
Seven conditions were included in the Conceptual
Development approval motion, to be met at Final. The
May 15 worksession indicated that the applicant is well
on their way to meeting these conditions, which will be
formally decided upon at the May 22 meeting.
These conditions are summarized as follows:
1: The rehearsal/performance hall facility shall be
resited to the northeast, as far as possible to the
north parking lot, on an east/west axis of the tent.
2. Significantly lower the height of both the mound
and structure (minimum of 51).
3. Restudy surface treatments of both the land form
and structure. Provide detailed information (drawings)
of how the break between the field and the berm/mound
is accomplished.
4. Restudy the hard surface paving areas between the
rehearsal hall and the tent, to maximize the amount of
informal seating.
5. Provide representation of all materials at Final.
6. Provide landscape plan indicating all significant
existing and proposed vegetation,m surface treatments
and lighting.
7. Provide detailed drawings of tent/music area
parking lot treatment and bus drop-off area.
CONCLUSION: Upon Final review of the academic and music
portions, staff will prepare a supplemental memo addressing any
outstanding HPC conditions to be met.
memo.amy.meadows.hpc.review
4
Attachment "D"
ASPEN SKIING COMPANY
j MAY 151991 � j
MEMORANDUM
TO: KIM JOHNSON
ASPEN/PITKIN COUNTY PLANNING DEPARTMENT
FM: FRED SMITH
THE ASPEN INSTITUTE
DT: MAY 14, 1991
RE: ASPEN INSTITUTE TREE REMOVAL AND RELOCATION/LANDSCAPE PLAN
It was brought to my attention that I may have misstated the number of
individual trees to be removed or relocated during the public meeting
of May 13, 1991. I believe I referred to fourteen trees being removed
when I meant to have referred to fourteen clumps of trees to be removed.
Please find attached the tree relocation plan, submitted to the
Historic Preservation Committee which indicates fourteen or fifteen
clumps of trees being removed, dependent upon final location of the pro
shop facility, as opposed to forty individual trees being removed. As
I did state at the public hearing, we will be replacing, at a minimum,
caliper inch per caliper inch of removed trees and as our landscape
indicates on Sheet L-9, we will be exceeding the number and size of the
trees being removed with those being newly planted.
Should you have any questions or comments regarding this memo please do
not hesitate to call. I hope this clarifies our intentions with
respect to tree removal and relocation, as this program relates to the
Aspen Institute's portion of the program.
attachment
cc: Gideon Kaufman
POST OFFICE BOX 1248, ASPEN, COLOPADO 81612 • 303/925-1220
Attachment "E"
APPROPRIATE TECHNOLOGY ASSOCIATES
Solar Energy for Sustainable Development
Mr. Fred Smith, Vice President 3 May 1991
Aspen Skiing Corporation
P. O. Box 1248
Aspen, CO 81612
Dear Mr. Smith,
As Energy Consultant, I have been requested by Backen, Arrigoni &
Ross, Architects to state design goals in regard to energy
efficiency in the Aspen Meadows project.
Energy efficiency will be a high priority in the design of the
lodge units. We will endeavor to exceed the component performance
criteria as well as the systems performance criteria as given in
Chapters 4 and 5 respectively of the Model Energy Code, 1989
Edition. In order to meet our high standards of efficiency, we are
evaluating a number of energy efficiency strategies for the design,
including:
1. High performance glazing products such as Low-E and/or Heat
Mirror to minimize heat loss and optimize control of solar heat
gain from glazed areas.
2. Super insulation techniques for walls, roof and floor to
minimize the building's heating requirements.
3. Air leakage reduction strategies to minimize uncontrolled
infiltration/exfiltration of air through the building envelope.
4. Heat recovery ventilation to avoid moisture problems often
associated with tight construction as well as to provide required
fresh air requirements without the associated heat loss.
5. High efficiency heating -systems and controls to maximize energy
efficiency, comfort and indoor air quality.
6. High Efficiency Lighting Systems to provide high quality light
at the lowest operating and life cycle cost.
I will provide documentation of my energy analysis and
recommendations for the design, in accordance with the provisions
of the Model Energy Code.
Sincerely, "t4k_-, �
Kenneth R. Olson
Energy Consultant
NEW YORK COLORADO CALIFORNIA
P.O. Box 1115 • Carbondale, CO 81623-1 1 15
(303)963-0715
FAX (303) 963-2390
100% Reewled Paper
Attachment "F"'
rVaU 0110`Z1Dili:
TO: KIM JOHNSON
ASPEN/PITKIN COUNTY PLANNING OFFICE
FM: FRED SMITH
DT: April 29, 1991
RE: INTERIM AND CONSTRUCTION PARKING PLAN
ASPEN MEADOWS/ASPEN INSTITUTE PROJECT
The Aspen Institute intends, dependent on fund raising activities, to
phase construction activities on its portion of the Aspen Meadows
project into three distinct construction years. These construction
seasons will occur between September 1 to June 1 each year, beginning
September 1, 1991.
Phase I will see Buildings I, II, VI, and VII being completed by
June 1, 1992 in time for the Aspen institute summer season. Phase II
would see construction commence on Buildings III, IV, and V and the
health club facility in September of 1992, with construction completion
scheduled for June 1, 1993.
Phase III of the construction process would begin in September of 1993,
ending in the spring of 1994, focusing on completion of the parking
garage and tennis facilities and finalization of the landscape and
sitework associated with the program.
The reception/restaurant building would be worked upon in varying
degrees during the first two portions of the redevelopment of the Aspen
Institute's lodging properties.
During the first two phases of construction the parking garage will be
utilized for a construction staging and mobilization area. During the
summer sessions of 1992 and 1993, parking for the lodging facilities
will occur in the same areas where parking is being dealt with today.
Keeping the construction activities on existing pavement and within the
footprint of the existing tennis facilities will minimize disturbance
on the native grass meadows surrounding the site and eliminate the
necessity for intrusion into the manicured landscape areas within the
project's boundaries. Also, by using the paved tennis court areas for
construction mobilization and storage, fugitive dust problems will be
minimized and, given these areas are already fenced, vandalism and
equipment security during construction will be already in place without
having to construct additional facilities.
CITY ASPEN
130uth galena Ireet
aspro, colorado1611
303-925-2020
MEMORANDUM
DATE: November 23, 1990
TO: Mayor and City Council
FROM: Jed Caswall, City Attorney\/j`��-
t
i
RE: Meadows Conservation Land Purchase
Before you for approval and ratification on your agenda for
November 26, 1990, are the pertinent documents associated with
the proposed purchase by the City of the Meadows Conservation
Land. The documents may be summarized as follows:
1. Contract to Buy and Sell Vacant Real Estate.
a. Land to be purchased - approximately 25 acres. The
precise acreage amount and the boundaries thereof have yet to be
defined. (See paragraphs 1, 5 and 17(d).) No water rights are
being conveyed with the land.
b. Price - $2,125,000.00 to be paid as follows.
$100,000.00 earnest money upon execution and acceptance of
contract; $900,000.00 at closing; the balance of $1,125,000.00 to
be paid per a promissory note over three years in three equal
installments of $375,000.00. The installment payments are to be
made on the first three anniversary dates of the closing. The
promissory note carries no interest, except upon a default, at
which time interest accrues at 18% per annum. The note is
secured by a non -recourse promissory note. (See paragraph 2 and
the promissoary note attached to the contract as Exhibit 1.)
C. Title - Savanah is only prepared to provide a special
warranty deed, not a more encompassing general warranty deed.
(See paragraph 9.)
d. Closing - closing is only to occur if and when Savanah
obtains acceptable development approvals for the Meadows Property
as per the Meadows Master Plan. Closing would take place thirty
days after recordation of the final subdivision/SPA plat. (See,
paragraph 8.) Closing could be delayed or cancelled altogether
if merchantable title is not provided the City, the final sub-
Memorandum to Mayor and City Council
November 23, 1990
Page 2
division/SPA plat is not recorded within one year of the date of
the land purchase contract, or Savanah decides to withdraw its
land use application(s). (See, paragraphs 4, 8 and 17(c),
respectively.)
e. Miscellaneous - (i) the City is utilizing open space
funds, and only open space funds, in effectuating the purchase.
By utilizing such funds, the future use or disposal of the pro-
perty is restricted by the Charter (see paragraph 17(a)); (ii) by
entering into the purchase contract, the City is not giving up or
compromising any of its authority and/or power to review, approve
or reject any land use application for the Meadows Property as
submitted by Savanah. No promises or warranties regarding land
use approvals are expressly or impliedly contained in the pur-
chase contract (see paragraph 17(b)); (iii) the land to be
purchased has yet to be surveyed and the total acreage purchased
may end up to be more or less than 25 acres. In any event, no
adjustment in the purchase price is to be made regardless as to
the actual acreage conveyed (see paragraph 17(d). While seller
is to provide a survey at its sole cost and expense, the City may
want to invest in a second survey to corroborate and/or confirm
the acreage and ensure the City is purchasing precisely the land
it wants to purchase; (iv) the purchase contract provides both
the buyer and seller with specific performance rights in the
event of a breach. The City's earnest money will be at risk if
it wishes to withdraw from the sale in a manner inconsistent with
the contract terms.
2. Non -recourse Promissory Note. The note being utilized is a
standard form and one previously utilized (with some modifica-
tion) for the Zoline purchase. Please note default interest is
set at 18% per annum.
3. Deed of Trust. Again, the form being utilized for this
document is a standard one. Please note, however, that Savanah
has asked for a special rider limiting the City's ability, as the
future landowner, to petition to change the zoning. Savanah
wishes to have the security of knowing that the current use and
character of the conservation land cannot be changed until after
the City has fully paid for the land, thus, extinguishing the
possibility that Savanah could get the land back in a signifi-
cantly altered state. While the rider is for Savanah's protec-
tion, I believe it is fair to say that it is consistent with and
furthers the City's interests and plans for the property.
Attachment "D"
;INi a 9'.1 \IoJV
TO: Amy Margerum, Planning Director
FROM: Kim Johnson, Planning Office
RE: Insubstantial Amendment to Aspen Meadows Master Plan
DATE: May 22, 1991
SUMMARY: The applicant wishes to amend the Aspen Meadows Master
Plan to reflect the expansion of 2,000 sq. ft. of the
administrative building at the Aspen Meadows. The expansion
will accommodate restaurant/administration uses. This qualifies
as an insubstantial amendment to the Master Plan and
shall be approved by the Planning Director.
FINDINGS: The Aspen Meadows Master Plan was adopted on October
16, 1990 by the Planning & Zoning Commission. Following the
adoption of the Master Plan, the applicant has filed a Final SPA
Development Plan. The applicant has stated that the addition of
the restaurant/administration uses is a result of a technical
programming consideration not fully anticipated during the City's
process of adopting the Master Plan.
Section 7-804(E) reads:
1. An insubstantial amendment to an approved final development
plan may be authorized by the planning director. An
insubstantial amendment shall be limited to technical or
engineering considerations first discovered during actual
development which could not reasonably be anticipated during the
approval process. The following shall not be considered an
insubstantial amendment:
a. A change in the use or character of the development.
b. An increase by greater than three(3) percent in the overall
coverage of structures on the land.
c. Any amendment that substantially increases trip generation
rates of the proposed development, or the demand for public
facilities.
d. A reduction by greater than three (3) percent of the approved
open space.
e. A reduction by greater than one (1) percent of the off-street
parking and loading space.
f. A reduction in required pavement widths or rights -of -way for
streets and easements.
g. An increase of greater than two (2) percent in the approved
gross leasable floor area of commercial buildings.
h. An increase by greater than one (1) percent in the approved
residential density of the proposed development.
i. Any change which is inconsistent with a condition or
representation of the project;s original approval or which
requires granting of a further variation from the project's
approved use or dimensional requirements.
Staff has reviewed the proposed additions to the administrative
building and they do not exceed the above criteria which is
utilized in the determination of an insubstantial amendment. For
example, the increase in square footage of the approved gross
leasable floor area of commercial buildings shall not exceed two
(2) percent. The request is for a 2,000 sq. ft. addition and this
is below the threshold of 2,745 sq. ft. (which represents 2% of
137,270 sq. ft.).
REFERRALS: Referral agencies were not required to review this
application.
STAFF COMMENTS: Staff has determined that this application meets
the criteria cited in Section 7-804(E) for an insubstantial
amendment by the Planning Director.
RECOMMENDATION: Staff recommends that the Planning Director
approve the insubstantial amendment to the Aspen Meadows Master
Plan.
I hereby approve the above Insubstantial Amendment for the Aspen
Meadows Master Plan.
kk
Amy argerum, arming Director Date
2
v[[[ o.d6
TO: Mayor and City Council
THRU: Carol O'Dowd, City Manager ,/
THRU: Amy Margerum, Planning Director(
FROM: Kim Johnson, Planner
DATE: May 13, 1991
RE: Aspen Meadows Final SPA - Public Hearing and Second
Reading of Ordinances 13 and 14, Series 1991
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The City Council voted 4-1 to hear Ordinance 13 and
Ordinance 14 on first reading on April 29, 1991. The public
hearing was set for May 13, 1991. Staff has responded to those
items brought up at first reading in this memo. Please refer to
the memo of April 29 for identification of issues and conditions
of approval which were not discussed on April 29.
DISCUSSION:
Representations by Applicant: The following items were
represented verbally by the Applicant on April 29th and will be
considered part of the application.
1) The existing parking in front of the existing lodge units will
remain in place and will continue to be used during construction
years one and two.
2) The Applicant committed to begin the mass transit program and
the bike rental program the first two summers of operation.
3) The Applicant offered to provide a waterline easement to the
City for service to the Black Birch Subdivision.
4) New information on design was submitted at first reading and
as part of the HPC application. The applicant will present a
full description of the project at the public hearing.
5) The Applicant indicated that they are planning on putting up
gate barricades on the Meadows interior service/emergency lanes.
The Applicant must have Fire Marshal approval of the design of
the gates.
Recommended Changes to Conditions: City Attorney Jed Caswall has
made minor changes to Ordinances 13 and 14. These have been
described within his memos dated May 7 and May 8, 1991. In
addition to these changes, Planning staff recommends the
following be approved by the Council:
1) The front yard setback for the four single family lots should
be reduced from 25' to 20' to allow an additional 5' buffer on
the rear of the lots. New conditions would need to be added to
Ordinance 14 in order to vary the R-15 setbacks and to require
20' as a rear yard setback.
Other Issues:
Final Plat Deadline - The survey of the 25 acres of Conservation
land is due to the City on June 11, 1991 as required in the
contract between Savanah and the City. The closing on the
Conservation land is to occur no later than 30 days after
recordation of the Aspen Meadows Final Plat and SPA Development
Plan (not 30 days from SPA approval as stated in our April 29
memo), but no later than November 25, 1991 unless an extension is
granted.
A condition of approval has been proposed which would require
transfer of land to the non -profits simultaneously with the
recordation of the Final Plat. Therefore, staff feels
comfortable that a Final Plat will be recorded in a timely manner
(within 180 days of approval) due to the incentive of the
purchase of the Conservation land.
Calculation of Acreage for Open Spaces - Staff has determined
that there are differences in the sizes of the proposed open
space and wildlife areas as depicted in the approved Master Plan
and Final SPA application. The following figures were determined
by planimeter calculation and are for general comparison.
location Master Plan Final SPA
South of Tent 1 ac. 1.15 ac.
Anderson Park 3.9 ac. 1.26 ac.
Oval/sage meadow 13.45 ac. 14.58 ac.
Marble Garden 0 .92 ac.
-----------------------
18.35 ac. 17.91 ac.
Please see Attachment "A" for the proposed zone districts.
Uses During the Winter - The Master Plan states that the
Institute will "investigate the idea of utilizing the facilities
throughout the year." The Plan goes on to say that the
renovation/construction of the 110 lodge units will be
"consistent with the character of the Meadows, the needs of the
Institute and their attractiveness for year round use." The
V4
Conceptual Plan application states that the employee mitigation
plan took into account that the City agreed to waive requirements
for the lodge expansion, MAA expansion, and new townhomes
condominiumization. Staff concludes that the year-round use of
the lodge facilities was presented with the Master Plan and
waiver was considered at this early point. However, staff
recommends that the City Council request a list of specific
winter uses from the Applicant to be reviewed at the next public
hearing on May 20.
Water Rights - The City has included a condition requiring that
the irrigation ditch rights owned by the Applicant be turned over
to the City in return for expanded water service. Water
Department Director Larry Ballenger has forwarded a detailed memo
(Attachment "B") describing the ownership rights to the Si
Johnson Ditch, of which the City and the Aspen Institute each own
1/2 of the priorities. The City also owns the right-of-way for
this ditch for cleaning and maintenance purposes. In 1977 this
same issue came up and John Musick suggested that the City
acquire these rights. Municipal Code Section 23-56 (G) requires
dedication of water rights. Staff strongly maintains that the
ditch rights must be acquired from the Meadows.
Public Access - The Planning staff maintains the position that
public access be provided internal to the Meadows property. This
is expressed in Ordinance 14 Section 2, Condition #29 (p.10). In
lieu of this condition City Council may want to consider more
specific easement rights on the racetrack and through Anderson
Park.
In addition, staff continues to believe that the best trail
alignment to the Conservation land follows approximately the old
service road from the Health Club area down towards Picnic Point.
As discussed on pages 9 and 10 of the 4/29 memo to Council, the
terrain is far more suitable for a multi -use trail. This area
will require less damage to the land and vegetation, and easier,
less expensive installation and maintenance. In the submission
for Final HPC review, the Applicant provides a lighting plan
which shows pathway lighting along the service road from the
parking garage to the health club. Therefore, they are already
planning for pedestrian access through that area. Staff
recommends that this portion be a dedicated public trail which
links up to a trail down to the Conservation land. Please see
Attachment "C" showing this section of the lighting plan.
Ownership - At first reading the Council asked the Applicant for
additional information on ownership of the Meadows property
interest.
Short Term Use of Trustee and Tennis Townhomes as SPA Variation -
The question arose at first reading about how the townhomes were
scored under the Residential Growth Management Quota System
3
competition. Specifically, were there potential differences in
scoring based on their proposed use for short term rental. The
scoring criteria for residential and tourist accommodation are
basically the same for availability of public services, design,
resource conservation, and employee housing.
However, both use categories have criteria specific to only one
or the other. For example, the tourist accommodation criteria
includes scoring on rehabilitation of existing units, and guest
amenities (on -site dining, meeting areas, and recreation
facilities.) The residential criteria includes scoring for
proximity to support services (public transportation and
commercial facilities.) Without having scored the townhome
portion of the residential GMP application under both categories,
it is difficult to know whether thresholds would be met or
whether one or the other use would garner more points. Even with
full scoring, relating the numbers would be like comparing apples
to oranges.
The Applicant is proposing condominiumization for all of the
townhomes. The condominiumization section in the code already
allows two short term rentals yearly within the R-15 zone. Even
though the original eight townhomes were used for short term
accommodations, it should be pointed out that they hadn't been
condominiumized and there was no underlying zoning to establish
rental limits. Additionally, with the proposed construction of
fifty new chalet lodge units, there will be nearly double the
availability of short term units at the Meadows. For these
reasons and the fact that the proposal was scored under the
Residential, not Tourist Accommodations criteria, staff does not
support the SPA Use Variation removing short term rental
limitations. Staff suggests deleting paragraph #15 in Section 13
(p.21) of Ordinance 14.
CITY MANAGER COMMENTS:
Attachments:
"A"- Proposed Zone Districts
"B"- 5/1 Memo from Water Director Larry Ballenger
"C"- Lighting Plan
4
Attachment i'A"
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Attachment "B"
M E M O R A N D U M
TO: RIM JOHNSON, PLANNING DEPARTMENT
FROM: LARRY BALLENGER, DIRECTOR OF ATER
DATE: MAY 1, 1991
SUBJECT: SI JOHNSON DITCH
The Si Johnson Ditch originates in Castle Creek about one-half mile
upstream from the Golf Course. The first evidence of the ditch
appears in a 1926 Warranty Deed from Silas Johnson to John
Hoaglund.
DECREE
Priorities 422 and 435 for 3.5 and 2.0 CFS were decreed
on CA 3082 on May 6, 1935, and were given a January 10,
1926, and a May 1, 1932, priority dates, respectively.
Statement of Claim was for the irrigation of 125 acres
and decreed irrigation only.
A July 6, 1976, Title opinion by City of Aspen Water Counsel
concluded that the City of Aspen owns 1/2 of both Si Johnson
priorities. In 1937, the City of Aspen conveyed .2 CFS to the
United States to be used on government property in. Blocks 9 and 10.
The conservative view is that the City conveyed .2 CFS out of the
more senior priority 422.
The Aspen Institute for Humanistic Studies owns the other 1/2 of
the Si Johnson Ditch. The ownership of -both priorities is broken
down as follows:
PRIORITY 422 PRIORITY 435
City of Aspen 1.55 CFS 1.00 CFS
Forest Service .20 CFS
Aspen Institute 1.75 CFS 1.00 CFS
3.50 CFS 2.00 CFS
The City owns the right-of-way for the Si Johnson Ditch. This
right-of-way permits the City access to the Ditch for cleaning,
maintenance and the performance of Ditch improvements.
This issue previously came up in March of 1977. At that time, the
Aspen Institute was planning additional development. Enclosed is
a letter from John Musick suggesting that the City acquire these
water rights as part of the service agreement.
MEMO TO KIM JOHNSON
PAGE TWO
MAY 1, 1991
WATER RIGHTS DEDICATION
To insure an adequate legal supply of water, it must be the City's
policy to require the dedication of water rights upon annexation,
subdivision, or upon the extension of treated water service. This
is per Code of the City of Aspen.
The water to be dedicated should equal the potential demand on the
municipal utility, and all dedication should be made at the time of
a service commitment. Unless the amount of water dedicated exceeds
the treated water requirements (providing the water rights are of
sufficient legal quality), it should be the policy of the City to
permit the water so dedicated to be used on the property that is
not yet developed.
If City facilities are used to convey water for this purpose, the
use of the water should be granted by an agreement with the City
pursuant to a raw water carriage rate. In the event that City
structures are not used, a lease -back contract should be executed;
and, the charge for water would be at the existing carriage rate.
CARRIAGE RATES
Carriage rates are established to allow the City to recover
capital, operation, and maintenance expenses associated with the
delivery of raw water from a City owned facility in which raw water
rates are not charged. Carriage rates most commonly apply to water
users who dedicate water rights pursuant to the water rights
dedication Ordinance (23-56, Paragraph G), in excess of dedication
requirements for treated water use. The -City may also allow a
water user who has dedicated water right to utilize those rights
for their historic purpose until such time as they are needed for
municipal use. This continued use promotes beneficial use,
prevents abandonment, and could be covered by carriage rates.
The City could grant a raw water tap to a City owned raw water
facility and charge a carriage rate for the conveyance of water
rights which the City does not own. If the water right being used
through a raw water tap is owned by the City and conveyed through
a City owned facility in this situation, the customer would pay
both a raw water rate and a carriage rate.
I am sure a simple agreement/contract could be established to
satisfy the desires and/or requirements of the City and the Aspen
Institute.
Water Conservation and the proper use of all waters is a priority
with the City. The City does not intend to remove these rights
from their intended use, but insure that they are fully utilized to
their fullest potential.
LB:ll
cc Carol O'Dowd, City Manager
Jed'Caswall, City Attorney
Bob Gish, Director of Public Works
GEORGE VRANESH
JOHN D. MUSICK, JR.
STEPHEN T. WILLIAMSON
WAYNE B. SCHROEDER
ALAN E. SCHWARTZ
RICHARD L. FETTER
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
OF COUNSEL
DAVID P. PHILLIPS
LAW OFFICES OF
VRANESH AND MUSICK
2120 13TH STREET
P. 0. BOX 871
BOULDER, COLORADO 80306
TELEPHONE 303-443-6151
GLENWOOD SPRINGS OFFICE
1011 GRAND AVENUE
P.O. BOX 1388
GLENWOOD SPRINGS, CO. 81601
TELEPHONE 303/945-7647
March 9, 1977
Glenwood Springs
rf
J
Mr. Philip S. Mahoney, City Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611 '
Re: Si Johnson Ditch/Aspen Institute
Dear Mick:
With the renewal of negotiations regarding the approval of
a development plan on the Aspen Institute, I would like to
once again suggest that one condition for approval of the
development plan be the conveyance of all irrigation and.
other water rights on the Institute land to the City. In
return, the City would then provide the irrigation water
to the Institute at an irrigation rate of $100 per acre.
I believe the Institute owns at least some Si Johnson Ditch
water and perhaps other water rights in the form of wells or
ponds. Hopefully this suggestion can be implemented as a
result of the negotiations.
Very truly yours,
VRANESH AND MUSICK
By John D. Musick, Jr.
By
h'e-1—
V6yal E. Leavenworth
LEL/. /
cc: �es J. Markalunas
r1,eT- C- tic. ic>.
-: n-
y
ruc t i.on, an Priori _'o. � 3S under and -o-.* ;•i-r
-;.ue 0-F. the F first
-�lwl � thereof . _�'he claimant o_ said ditch are John P.
Hoagl-an*d and the 0ity of Aspen.. S^id d._tch y . � � _s used for irrigation
purposes :end takes• its supply of 'r-ater i r om Castle Creek in Pitkin
County, Colorado. The head. late' is located on the riCht bank of
said creek at a point whence the quarter
sect ion. corner on the
ilorth side of Section 13, .Tomsnip 10 South, Range 83 I7est of the I
6th P. l:. ' bears forth 42°- 1� y
' yas 1600 feet distant .
It -is hereby ordered, adjudcged and decreed that there
be allowed to floes into said ditch from said Castle Cree'c for the
use aforesaid and for the benei'it of the parties lartfully entitled. .
thereto, under and by virtue of appropriatio_2 by ori`inal construe-
- _?o. 422, 3. -0 cubic feet of water per second of
t icn, prior
relat is 0i o .la a t i_ _ r1 h f
Uhe 0;, clay o_ Januar;T, �. D.
1920 .
It is further ordered, adjudged and decreed that there
be allowed to flo? into said ditchor7 said creel: for the use and
benefit
aforesaid,
under and by
virtue of the
y
a_ppro_or_a'- i on by
First
_aar_�;e:.^.e nt ,
. r i +,- ;o.
io i, _
4' y
,
.s3, Lr�o c,�b i c fees o� water per
second
of time relat
inp- bac'c to
and dat ir: f<<•c;a ; he 1st
day of
_ay, A.
D. 1032.
It is furthei ordered,
a.djuc'C ed ^;�d
decreed
that said
Priority
_;o. 422 hereby a;;-ard.ed,
to the. extent
Of
cubic feet
Of z%a er
;oer second o= t i;rje, a:rd
said priority
*- �-
<o. z.30
hereby
a,:arced,
to t-he exo-2 C U'O 4C
=eej. o raier
.oer second of
i
r
i
It is further ordered, ad jud-ed Ll!)d dec-eec ti:c
Court that the total anoullt of 'water to which said ditch is at
present entitled is computed at 15 cubic feet o.i dater per second
of time.
ff
LOT 4
/
mservation Land ------ - - -�=�
�� ti � /• I � � l i f
11
SOT 5'
I ,r
Attachment "C
— 11 i / I ,
few Townhouse Units /
f /
/
vered Parking
Parking Spaces '
s.,
1
' 1 i
emodeled
rustee Townhouses
Parking Spaces
l
few Townhouse Unit -- -- 1
1 �
Meadows Building Addition 14-
Restaurant
'Proposed Deck _
_� Trail Easement
Centerline of Proposed - -- --- — � ' -'
10% Grade Max. Public Bicvcle Trail
'LOTS
'6'
7 New Townh
ouses -i 1
StopSi n
_ Covered Parking ' Spaces
■■•�■■ f.l Additional Parking 7 Spaces �_ —_ `'
Caution Cross Traffic —
Tennis Courts relocated
\ .97 Spaces
9
Proposed po<
PProposed-i
/ I
Health',
I
11 1 1 1 -
�
• • centerline of
3 ���._—
CITY O'rASPEN
130 South Galena Street
Aspen, Colorado 81611
303-920-5055 City Attorney
303-920-5197 Fax
MEMORANDUM
DATE: May 7, 1991
TO: Mayor and City Council
FROM: Jed Caswall, City Attorney
RE: Ordinance No. 13 (Series of 1991), Land Use Code Amendments
Relevant to Aspen Meadows SPA Development.
Some very minor changes have been made to the above -identified
ordinance since you last voted to approve same on first reading.
The changes consist of the following:
1. Section 2, adopting new Section 5-220.1, "Open Space"
(page 3 of the Ordinance), at paragraph "A. Purpose.", has been
amended by adding the word "developed" between the words "lesser"
and "or", so that the new phrase reads, "... lesser developed or
undeveloped areas within the city ...".
2. As explained at the first reading, Section 5 of the
ordinance (page 5) sets forth a proposed repeal and reenactment
of Section 8-104(c)(1)(b) of the Land Use Code. The changes in
the proposed reenacted section from the current Section 8-104(c)
(1)(b) are in bold print. The bold printing was absent at first
reading and it has now been added for clarification.
There are no further suggested changes at this time.
EMC/mc
cc: Planning Director
Kim Johnson
* recycled paper
.L V11 I* a
CITYaOF ASPEN
130N6uth galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: May 8, 1991
TO: Mayor and City Council
A
FROM: Jed Caswall, City Attorney; ,
RE: Ordinance No. 14 (Series of 1991), Aspen Meadows SPA Devel-
opment Approvals.
As with Ordinance No. 13 (Series of 1991), I have made some minor
changes to the above -noted proposed ordinance. These changes are
as follows:
1. On page 5, numbered paragraph 11411, the words "the Plan"
have been inserted between "and" and "creatively", so that the
new phrase reads, "... and the Plan creatively employs ..."
2. On page 7, numbered paragraph 111211, the word "on" in
the last line has been changed to "within", so that the new
phrase reads "... raw water for irrigation use within the devel-
opment...".
3. At the request of the City Engineer, a new condition of
SPA development approval has been added at new paragraph 16, page
8 of the Ordinance, to read as follows:
Prior to issuance of any building permit, a drainage
mitigation plan for storm water run-off during con-
struction activity shall be submitted and approved by
the City Engineer so as to insure against or minimize
run-off into Castle Creek and the Roaring Fork River.
4. On page 12, numbered paragraph 11311, the words "prior
to" have been substituted with "simultaneously with", so that the
new phrase reads "... shall be effectuated simultaneously with
the City's approval ...".
5. On page 16, numbered paragraph "1", the figure "49,520"
has been corrected to 1142,410".
Memorandum to Mayor and City Council
May 8, 1991
Page 2
There are no other changes at this time.
EMC/mc
cc: Planning Director
Kim Johnson, Planning Office
City Engineer
rID4; COO 90 k, I Dili;
TO: Mayor and Council
THRU: Carol O'Dowd, City Manager
THRU: Amy Margerum, Planning Director
FROM: Kim Johnson, Planner
DATE: May 28, 1991
RE: Aspen Meadows Final SPA Continued Public Hearing,
Second Reading of Ordinances 13 and 14, Series 1991
SUMMARY: The City Council held a continued public hearing on May
20 on the Aspen Meadows project. Discussions related to
Ordinance 13 (containing the proposed code amendments) were
concluded on that date. Council also directed staff to make
further study of several issues under consideration within
Ordinance 14, which establishes approval for the Final SPA,
Subdivision, and the other related reviews. This memo provides
Council with the language updates it requested. Revised
Ordinances 13 and 14 (with amendments discussed by City Council)
are attached.
ISSUES:
Public Access into the Meadows (Time of day and locations): The
Applicant stated that they will offer public access to the
racetrack area but only during daylight hours. Condition #10 of
Section 2 reflects that an easement around the racetrack shall be
added to the final plat. The current language in Section 2 #29
states that "public pedestrian access shall be allowed at all
reasonable hours throughout the entire A, OS, and WP zones of the
Aspen Meadows development, subject to reasonable regulations as
imposed by the owners thereof in order to protect their property
and the health and safety of users and visitors." Staff has
considered changes to this language but recommends that it remain
intact, especially regarding "all reasonable hours." In
considering the Applicant's concern over interruption of outdoors
Institute activities, Planning and Legal staff has reworded
condition #28 to read:
"Public pedestrian access shall be allowed at a1-1 reasonable
hours throughout the entire academic (A), open space (OS),
and wildlife preservation (WP) zone district areas of the
Aspen Meadows development, subject to reasen Ire regulations
as established smpes-&d by the owners thereof in order to
protect their property, as well as the academic privacy and
serenity of the campus, its programs and users, and the
health and safety of ether users and visitors."
Trails: At the May 20 meeting, staff presented an alternative
location for a multi -use trail accessing the river bottom area.
This would call for extending a pedestrian access easement along
the service road to the Health Club and constructing the trail on
the old road bed. The Council directed staff to further study
the trail location opportunities. Another site visit took place
on Friday May 24. Participants included Meadows project
representatives, Planning and Engineering staff members, Parks
Department trail supervisor Patrick Duffield, and Neighborhood
Advisory Committee member Richard Compton. We looked at the
terrain in the area below the Health Club and the vicinity of the
trail alignment as it is proposed below the Trustee Townhomes.
Both alignments will require fairly steep grades with retaining
structures. However, until detailed study of both sites take
place, it cannot be determined the real impacts to each site and
accordingly, estimates of trail construction. A couple of
interesting points were made by Richard Compton resulting from
the visit. He noted that much of the regrading work needed for
the northernmost trailhead could be associated with the site
grading work for the two new Trustee Townhomes. Also, the flat
park -like area below the tennis townhomes and restaurant would
best be left in its current open grassy state, rather than
bisected with a paved trail. It would then function as a
destination for passive enjoyment rather than a trail corridor.
It was agreed that both steep trail portions would require
signage for bike walking only for safety reasons, as the width
and switchback configurations will create bike/pedestrian
conflicts. Until such time that enough information (e.g.
drawings, specs, cost estimates) is compiled, staff proposes that
"blanket easements" be granted for both areas. This would allow
approval of the Meadows to occur on schedule and would also allow
adequate design time for final evaluation in the near future.
Staff proposes that the final alignment be determined by City
Council, as the City will be responsible for installing and
maintaining the resulting trail. Please see Attachment "A" for
comments from City Engineer Chuck Roth.
Water Improvements/Ditch Rights: Water Director Larry Ballenger
submitted new language for condition #13 of Section 2 of
Ordinance 14. It clarifies what the development will construct
and to what standards. Larry has submitted additional
information (Attachment "B") which states that the City will not
accept these Meadows waterline improvements into the public water
system as originally worded in the condition unless the City
receives (at a minimum) a waterline easement over to the Black
Birch neighborhood for a looped water main. The original request
from the Water Department at the beginning of Final SPA review
was for the Applicant to construct this line over to Black Birch.
The Planning Commission was uncomfortable with this condition and
deleted it from their approval resolution. The requested
2
language read:
"The developer will install an 8" interconnect line from the
northwest section of the proposed water system installation
to the existing City water main in Black Birch Drive."
The Water Department still wants the installation of this line.
If this is not possible, an easement should be obtained for the
line within this SPA approval.
Regarding the Si Johnson ditch rights dedication to the City,
staff is seeking further counsel from John Musick. Larry will be
bringing further information from the Water Management Plan to
City Council.
6-Month Minimum Lease Waiver for the Condominiums as an SPA
variation•
Staff has noted previously that we are concerned with granting a
waiver of the six-month minimum lease restriction for the
townhome units at the Meadows due to the fact that they were
scored by the Planning Commission under the residential (not
lodge) Growth Management Quota System (GMQS).
The land use code allows City Council to grant a minimum lease
waiver under the SPA provisions. Staff is not objecting to the
waiver of the lease restriction per se, as short -terming the
townhome units has been represented as a goal of the Aspen
Institute in the summer months as a way to increase the summer
bed base for the Institute. The use of the townhomes during the
summer in particular has been a continual part of the application
from the Master Plan forward.
If City Council waives the six-month minimum lease restriction it
should be accompanied by the following finding which staff has
incorporated in the final Ordinance as new #3 of Section 6:
" The GMQS residential scoring considered and reflected the
waiver of the six-month minimum lease requirement as set
forth in the applicable condominiumization regulations."
Insubstantial Amendment for the Restaurant/Administration
Building•
Staff had indicated that the proposed 2,000 square foot expansion
to the restaurant building was not part of the Master Plan or the
Conceptual SPA Plan. If amendments to the Master Plan were
sought, it was determined that the amendments would be considered
to be substantial or insubstantial based on the SPA Amendment
criteria found in Section 24-7-804 E.1. Any insubstantial
amendments could be approved by the Planning Director.
9
The Applicant submitted documentation (Attachment "C") which was
reviewed by staff and found to meet the insubstantial criteria.
The Planning Director has signed the appropriate approval
document (Attachment "D").
Front Yard Setback Variations for the Single Family Lots:
Staff felt that the potential exists for each of the four single
family homes will be built on the minimum allowable front
setbacks. HPC was concerned that a "wall" of structures would
be created along the north side of new Meadows road as one enters
the Meadows area. In order to lessen this effect, the HPC
recommended that the front setbacks be staggered. In its May 13
memo, Planning staff recommended that front setbacks be reduced
by SPA Variation to 20 feet from the R-15 requirement of 25 feet.
By combining HPC's concern and Planning's earlier suggestions,
staff now proposes that two of the four lots have their front
setbacks moved forward at least five feet. This staggering of
structures would be consistent with existing development in the
West End residential neighborhood. Staff recommends the addition
of a new paragraph 20 in Section 13 reading:
20. The front setbacks on two of the four single family
lots shall be reduced from 25 feet to 20 feet.
HPC Approval: The HPC granted Final Development approval for the
residential portion on May 8, and the academic and music portions
on May 22, with conditions. Ordinance 14 has been revised to
include these conditions in Section 2 numbers 29, 30, and 31.
Seven and North Streets Intersection Design: The issue was
raised at the last Council meeting for the need to have three
stop signs at the intersection as proposed at that date. Chuck
Roth has since had further discussions with Meadows traffic
consultant Bob Felsberg. Attachment "E" is a memo from Chuck
with attached sketches from Mr. Felsberg. If the curve into the
Meadows is straightened a bit to the north to reduce stop signs,
the proposed easternmost single family lot (and perhaps the
adjacent one) will have to be moved further into the racetrack by
approximately 20 feet. Both engineers feel that the current
configuration will require three stop signs.
The Planning Commission wanted a smooth flow into the Meadows
along the new road rather than a stop and go intersection.
Planning staff is concerned about moving the lot(s) any further
into the racetrack. As Chuck mentions, some of the impacts of a
new intersection designs could be accomplished, but with greater
cost to the applicant. Planning staff recommends adopting the
redesign only if the cut and fills can be accomplished without
moving the lot(s) any further into the racetrack.
Winter Use: Concern over year-round use of the Rehearsal Hall
4
was raised at the last Council meeting as well as from recent
citizen comment to the Planning Office. The Council may want to
condition any winter use of the facility to require plowing of
the parking lot(s) to help insure that parking does not occur
along the neighboring streets.
Restriction on Manicured Lawns: Condition # 24 in Section 2 of
Ordinance 14 states that "new manicured lawns shall be minimized
to the maximum extent possible, except in those areas adjacent to
the Music Tent, and such areas must be depicted and approved on
the final plat." In discussions with staff, the applicant did
not agree with this platting requirement, feeling that this will
unjustly limit expansion of lawn or creation of Anderson Park
type landscape areas. Staff feels that this condition should
remain. Any changes of this sort contemplated by the Meadows
would require an SPA amendment review anyway and consideration
would be given on a case by case basis.
Single Family Residence Covenants: Staff would like to add a
condition that requires the homeowner's covenants to be included
in the Subdivision Agreement which is filed with the County
Clerk. If Council agrees, staff will add this condition to the
Subdivision conditions in Section 5 of Ordinance 14.
CITY MANAGER COMMENTS:
Attachments:
"A"- May 24 Memo from Chuck Roth on Trail Easements
"B"- May 22 Memo from Larry Ballenger
"C"- May 17 Letter from Larry Wells
"D"- Planning Director Approval of Insubstantial Amendment to the
Meadows Master Plan
"E"- May 23 Memo from Chuck Roth Discussing Intersection Design
jtkvj/meadows.final.cc5.28
5
Joseph Wells
Joseph Wells, A►CP
Land Planning and Design
May 17, 1991
Ms. Amy Margerum
Director, Aspen/Pitkin Planning Office
130 South Galena
Aspen CO 81611
Dear Amy:
Attachment "C"
My letter is to respond to your request for additional information regarding the
reorganization and minor (2000 sq.ft.) expansion of the administrative building at the
Aspen Meadows. These changes result from a technical programming consideration not
fully anticipated during the City's process of adopting the Master Plan.
As you may be aware, in recent years the lodge facilities at the Aspen Meadows have
been operated predominantly by off -site management at the Grand Aspen Hotel. It is
now anticipated that management responsibility will be shifted back to the site and
expanded. Services such as the shuttle, valet parking and bicycle rental programs will
require expansion of administrative areas.
This will, in turn, compound the present summertime problem of serving meals to the
Institute's participants, who break from seminar sessions at about the same time. In
recent years, dining has spilled over into areas formerly used as administrative space and
meeting rooms, but this will not be possible in the future because of the anticipated
expansion of management functions.
We believe that these changes qualify under the provisions of §7-804(E) as an
Insubstantial Amendment of the Final SPA Development Plan. Specifically, these
modifications to an accessory use at the Meadows does not constitute a change in the use
or character of the development, does not increase the overall coverage of structures,
does not substantially increase trip generation or the demand for public facilities, does
not reduce approved open space, does not reduce off-street parking or loading space,
does not affect street or right of way widths, does not increase the gross leasable floor
area of commercial buildings by greater than 2%, does not affect residential density, is
130 Midland Park Place, Number F2
Aspen, Colorado 81611
Telephone (303) 925-8080
Facsimile (303) 925-8275
Ms. Amy Margerum
Director, Aspen/Pitkin Planning Office
May 17, 1991
Page Two
not inconsistent with prior conditions of approval or the applicants' representations and
does not require the granting of further variations from approved uses or dimensional
requirements.
We therefore request your acceptance of these modifications as an Insubstantial
Amendment to the Final SPA Development Plan, subject to sign -off by the Planning
Director. If you would like additional information, please contact me at your earliest
convenience.
Sincerely,)
Joseph Wells, AICP
�i JW/b
Attachment "B"
MEMORANDUM
TO: CITY COUNCIL
THROUGH: CAROL O'DOWD, CITY MANAGER
THROUGH: KIM JOHNSON, PLANNING DEPARTMENT
FROM: LARRY BALLENGER, DIRECTOR O WATER
DATE: MAY 22, 1991
SUBJECT: ASPEN MEADOWS
I am again requesting that the applicant/developer of the Aspen Meadows, at the very
least, convey an easement to the City for the future construction of an interconnect
line to the Black Birch area. I have requested this numerous times, but, my request
was deleted from the proposed Ordinance 14.
The existing water systems serving the Aspen Institute are private water mains. They
are on private property and serve only that development and provide no benefit to the
City as distribution mains. The proposed water systems are in the same category.
This is the reasoning behind the language change in proposed Ordinance 14, Section
2, Paragraph 13. (See Attached)
My original proposal/request was for the applicant to install, at their expense, an
interconnect line to the Black Birch area. The City would then accept the entire Aspen
Meadows proposed system as part of the City's distribution system and assume
maintenance thereof. Without the Black Birch interconnect line, the proposed Aspen
Meadows system should remain a private water system serving only that
development.
I would again submit to staff that language be placed into Ordinance 14 requiring an
interconnect line to be installed from the proposed Aspen Meadows system to the
Black Birch line.
LB:II
cc Jed Caswall, City Attorney
M E M O R A N D U M
TO: RIM JOHNSON, PLANNING DEPARTMENT
FROM: LARRY BALLENGER, DIRECTOR OF WATER
DATE: MAY 21, 1991
SUBJECT: ORDINANCE 14
The following is the new language requested by Mayor/Council at the
Monday, May 20, 1991, Council meeting pertinent to Proposed
Ordinance 14, Section 2, Paragraph 13, Page 7.
The Developer shall install, at its own expense, a water
distribution system to meet the domestic and fire suppression
requirements of the development. The water distribution system
shall meet the engineering/design and construction standards
established by the City. The developer shall pay all tap fees
according to City Codes for the development. The water system
shall remain the property of the Aspen Meadows and all costs
associated with the maintenance and upkeep of the system shall be
the responsibility of the Aspen Meadows.
LB:11
cc Carol O'Dowd, City Manager
Jed Caswall, City Attorney
s
FELSBURG HOLT & ULLEVIG
ROBERT W. FELSBURG, P.E.
Principal
EDUCATION: B.S., Civil Engineering, Pennsylvania State University
M.S., Civil Engineering, Pennsylvania State University
PROFESSIONAL Institute of Transportation Engineers
AFFILIATIONS: Consulting Engineers Council of Colorado
REGISTRATION: Professional Engineer, Colorado
Mr. Felsburg, Owner/Principal, has over twenty years of experience in the management and conduct
of numerous major transportation studies, plans, and engineering projects throughout the United
States while working for two nationwide consulting firms. These projects have required a broad range
of skills in transportation planning, design, traffic modeling, traffic engineering, and transit planning,
and many have required successful supervision of multidisciplinary project teams.
Representative projects in which Mr. Felsburg has been involved include:
o Project Manager; U.S. 85 Corridor Study from Greeley to Brighton. Develop an access control
plan for nearly 50 miles of this interregional facility and assess alternatives to upgrading this
roadway to freeway/expressway standards.
o Project Manager; W-470 Corridor Study to assess the need and the desirability of a proposed
freeway and to select a preferred alignment for this future roadway serving from I-70 to I-25
in the northwest quadrant of the Denver metropolitan area.
o Project Manager; Wadsworth Boulevard Corridor Study for the Colorado Department of
Highways to develop short-range (immediate) and long-range (year 2010) improvements to
enhance the capacity and safety of Wadsworth Boulevard throughout its nearly 30 miles in
Denver.
o Project Manager; E-470 Alignment and Funding Study to identify a preferred alignment for
a proposed circumferential road around the eastern half of the Denver metropolitan area.
o Project Manager; revised Transportation Master Plan for Castle Rock, a town in Douglas
County expected to grow ten -fold over the next 20 years.
o Project Manager; operational and safety analysis of six miles of Colorado Boulevard, a major
arterial in Denver, Colorado.
o Project Manager; Access Control Demonstration Project in Denver for the Colorado
Department of Highways to develop access control plans for nine miles of suburban arterials
and to establish procedures for evaluating the effectiveness of access control.
o Project Manager; assessment of statewide policy alternatives to reduce transportation energy
consumption for the Colorado Energy Research Institute.
ROBERT W. FELSBURG, P.E.
Page Two
o Project Manager; feasibility study and environmental assessment for I-25/Dry Creek Road
interchange in southeast Denver.
o Project Manager; U.S. 6 Corridor Plan in Golden, Colorado to identify long-range circulation
needs in this rapidly developing corridor.
o Project Manager; visitor transportation plans for four National Parks located in New Mexico
and in Texas.
o Project Manager; transportation planning for numerous ski resort areas, including Aspen,
Snowmass, Breckenridge, Copper Mountain, Steamboat Springs, Wolf Creek Valley, and
Fraser -Winter Park in Colorado; Squaw Valley in California; and Panorama Mountain and
Lake Louise in Canada.
o Project Manager; Wyoming State Rail Plan developed to help the State of Wyoming deal with
future rail impacts due to significant energy development growth.
o Project Manager; bridge feasibility study in Fargo, North Dakota to assess the need for
additional bridges across Red River and to evaluate alternative potential locations.
o Project Manager; preparation of Bismarck/Mandan, North Dakota regional street and highway
plan.
o Served as Principal Instructor of FHWA-sponsored courses on "Design of Urban Streets" and
"Access Management for Streets and Highways" taught across the country.
Attachment "A"
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer C
Date: May 24, 1991
Re: Meadows - Trails, Public Access, Rights -of -way
As we have discussed, the engineering department recommends that
large envelopes be obtained for specifically sized, 20 foot wide
easements, such that said easement may be located at final trail
design at any location within the large easement envelopes.
The engineering department recommends obtaining easements for
both the health club trailhead and the restaurant trailhead.
The engineering department has previously expressed concern over
the general philosophy of public rights -of -way in the project.
Due to various previous land use projects within the city, the
public is increasingly faced with landlocked access where access
should be public.
The public is faced with a private road at Sneaky Lane where,
together with trail easements obtainable with the Meadows
Project, there could have been a trail and street combination
along Castle Creek from the city shop to the confluence with the
Roaring Fork. Sneaky Lane should probably have been a publicly
dedicated right-of-way.
The public is faced with landlocked portions of trails at the
Aspen Club, also known as Callahan Subdivision, because the
roadways in the subdivision are private and should perhaps have
been public.
There are also private roads at Aspen Chance Subdivision which
may prove to have been desirable as public rights -of -way for
public access to points beyond.
In summary, the engineering department recommends that further
consideration be given to all roadways within the project site
being built within dedicated public rights -of -way.
cc: Bob Gish, Public Works Director
Amy Margerum, Planning Director
cr/M91.136
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s
MEMORANDUM
TO: Amy Margerum, Planning Director
FROM: � A.J. Zabbia, Jr. and Kevin O'Connell
DATE: May 20, 1991
RE: OVERVIEW OF STORMWATER QUALITY REGULATIONS
AFFECTING THE ASPEN MEADOWS
The applicant feels there has been misinformation and misconceptions concerning the
1973 Urban Runoff Management Plan, the Water Quality Act, and stormwater in
general that affects the Aspen Meadows, particularly the Race Track area. We have
prepared this memorandum in an attempt to clarify and correct the record.
The memorandum gives an overview of the stormwater regulations affecting the
Aspen Meadows on the federal and state levels and generally addresses impacts on
the Race Track area.
I. FEDERAL
Stormwater quality was first addressed on the Federal level in the Water
Quality Act of 1987. As a result of the 1987 Act, the EPA published proposed
regulations on December 7, 1988. These proposed regulations were published
as final rules on November 16, 1990.
The rules require medium (pop. between 100,000 and 250,000) and large (pop.
over 250,000) municipalities to annly for stormwater discharge permits. The
application process is complex and consists of two steps. Step 1 is descriptive
in nature. It consists of identifying discharge points, providing system
mapping and identifying existing stormwater programs. Step 2 requires
greater detail of information provided in Step 1. In addition, Step 2 requires
quantitative monitorine of stormwater and submission of a proposed
stormwater management plan. Proposed stormwater plans submitted by each
municipality must consist of BMP's (best management practices) proposed to
generally improve stormwater quality.
Under the Act small municipalities (pop. under 100,000) are "exempt" from
the application until October of 1992. Whether small municipalities are
required to proceed the same as medium and large municipalities is unclear at
this time. A procedure for small municipalities was not set by the Act. It is
generally anticipated that the EPA will issue additional regulations (or
adjudication) clarifying this issue, and that a time extension will be granted
for small municipalities.
It is important to note that the Water Quality Act of 1987 is a permitting and
monitoring act. It does not contain quantitative discharge standards for
(V Leonard Rice Consulting Water Engineers, Inc.
MEMORANDUM to Amy Margerum, Planning Director
May 20, 1991
Page 2
stormwater runoff contrary to comments made by others. There are no current
standards. The intent of the Act appears to be assessment. If problems or
stormwater "hot spots" are identified during monitoring, they will be
addressed on an individual basis. However, this does not preclude the EPA
from issuing discharge limits or standards at some time in the future. Some
argue that since permitting is implemented under the NPDES program, effluent
standards are implied. While the public awaits resolution of this issue, it
should be remembered that the rules, in their present state, do not set, adopt
or reference any quantitative standards or effluent limits for municipal
stormwater.
The EPA is mindful of the impacts of the Act. The public comments to the
regulations, as proposed in 1988 are approximately 3000 pages in length. The
economic impacts of monitoring alone are significant. Personnel and
consultants must be employed to map existing systems, collect samples, run
tests, analyze data and file paperwork. If effluent limits are imposed, the
potential costs are endless and would include new collection systems, land
acquisition, design, construction and maintenance of treatment facilities. The
EPA must adopt a consistent and realistic policy and address the existing
issues for large and medium sized municipalities. With these outstanding
tasks, it is doubtful that small municipalities will be affected for some time.
II. LOCAL
The City of Aspen's Urban Runoff Management Plan was compiled by Wright
McLaughlin Engineers in 1973. While addressing the traditional stormwater
issues of volume and flooding, it also addressed the issue of stormwater
quality. Acknowledging that no stormwater standards or limits were in
existence at the time (Pgs. V-1, VI-4), the Plan adopted the discharge
standards for sanitary sewage and applied them to stormwater. In fact the
Plan recommended piping stormwater to the sanitary sewage treatment plant
as a method of treatment. However, since the Plan was conceptual in nature,
design studies were not done.
The Plan was a series of proposals which maintained a "wait and see" attitude.
For example, regarding stormwater diversions from Hallum Lake to prevent
nutrient pollution, the plan stated: "If the nutrients contained in the runoff
were later found to be desirable for Hallum Lake, the runoff could be
redirected to the Lake". Plan at VIII-3. Also in referring to the Aspen
Institute detention area and transport system, "It is quite possible then that
once these swales and the detention ponds are built, the resulting storm runoff
quality will be significantly improved as to obviate the need for further
Leonard Rice Consulting Water Engineers. Inc.
.
MEMORANDUM to Amy Margerum, Planning Director
May 20, 1991
Page 3
treatment". Plan at VIII-7. From statements such as these, it is clear that the
Plan was a series of proposals, not to be taken as the final word in stormwater
quality.
Many changes have taken place since 1973. Changes in attitudes toward
growth and growth control, development, housing, environmental values and
engineering technology have been significant. These changes, in addition to
Federal attention to stormwater quality, make the Urban Runoff Management
Plan obsolete. The study should be used as a general guide and should not be
followed blindly without considering the changes that have occurred.
III. Potential Impacts
If the applicant is required to provide the detention area easement as
requested by the City Engineering Department, there will be significant
impacts on the Race Track area. The impacts will be construction,
operation, and maintenance of the stormwater facility.
A. Construction
The applicant is requesting that the detention facility and inflow/outflow
channels be subsurface. The race track area is vegetated with sage and
other arid type vegetation. Even though the actual construction will be
disruptive, this vegetation can be reestablished on top of an
underground structure.
A surface stormwater facility will completely change the character and
environment of the Race Track area. Intrusion of stormwater may
eventually create wet habitat once the porous underlying material is
clogged and sealed off by transported sediment and trash. Wildlife will
be displaced and the habitat permanently changed by a surface detention
area.
The surface will be marked by control structures and riprap channels to
control flow and prevent erosion.
B. Operation
During the operation of a surface detention area, the constant flow into
the area will discharge sediment and trash.
60 Leonard Rice Consulting Water Engineers, Inc.
MEMORANDUM to Amy Margerum, Planning Director
May 20, 1991
Page 4
It is difficult to "phase" ponds for different storms as the Engineer staff
contends to keep the majority of the stormwater out of the Race Track
and sage areas because of the great volume of water generated during
snowmelt. Also there is no guarantee that rain storms will not
frequently introduce stormwater into the sage area. 25 year storms are
not uncommon in the Rocky Mountain region, and several 25 year and
50 year storms can occur in one year (see pages IV-8 - IV-15).
C. Maintenance
Whether a stormwater detention area is surface or subsurface, it must
be regularly maintained to perform as designed. By the sheer nature of
stormwater, sediment, trash, hydrocarbons, and pesticides are
transported and deposited in one form or another in the detention areas.
The maintenance entails cleaning and disposing of sediment and trash
deposited by the stormwater. Lack of regular maintenance will produce
an unsightly odoriferous mud pit.
There is no doubt that it is easier to maintain a surface rather than a
subsurface detention facility. If however, vegetation and aesthetics are
a consideration, maintenance of a surface facility will have much
greater impacts than a subsurface facility. Periodic scraping of
sediment and trash, traffic in and out of the area, and routine
surveillance will greatly damage or destroy existing vegetation.
Phasing of ponds will only create several ponds to maintain by cleaning
and scraping rather than having only one area disturbed.
Again the applicant wishes to state for the record that we feel that
placement of a detention area in the Race Track area is completely out
of character with the aesthetics and overall scheme of the Aspen
Meadows. If, however, the applicant is required to grant this detention
easement, we strongly suggest that it be a subsurface easement.
cc: Perry Harvey
Gideon Kaufman
Leonard Rice Consulting Water Engineers, Inc.
TRUSTEES
MARJORIE STEIN, CHAIRMAN
JOHN McBRIDE, PRESIDENT
JEANNEJAFFEE, SECRETARY
JANICE COLLINS. TREASURER
FRED DAVIES
DON ENSIGN
DONNELLY ERDMAN
BETSY FARVER
MARC FINKLE
MARC FREIDBERG
TED GOUDVIS
CONNIE HARVEY
HOWIE MALLORY
ROBERT MAYNARD
JOHN SWEENEY
CHUCK VIDAL
ASPEN VALLEY IMPROVEMENT ASSOCIATION
P.O. BOX 3016
ASPEN, COLORADO 81612
(303) 925-6275
To: Mayor William Stirling and Members of
Aspen City Council
From: The Board of Trustees
Aspen Valley Improvement Association
Date: May 28, 1991
On September 24, 1990, Aspen Valley Improvement Association
sent the attached letter to the members of Aspen City Council
and the Planning and Zoning Commission.
We outlined our concerns and asked that P & Z and Council act
on our requests and include our recommendations as part of
the plan prior to approval of the SPA application.
In view of the recent events concerning Savannah Partnership,
we feel our request is appropriate and we ask Council to give
careful consideration to each of our recommendations and take
the actions necessary as you enter the final phase in this
unprecedented process.
To: Mayor William Stirling and Members of Aspen City
Council and Chairman Welton Anderson and Members of
the Planning
and Zoning Commission.
From: The Board of Trustees
Aspen Valley Improvement Association
Date: September 24, 1990
Subject: Development of Aspen Institute Lands
Over the past four years the Aspen Valley Improvement
Association has worked diligently and cooperatively to assist
Council to reach a solution to the long-standing dilemma
regarding the future of the Institute lands.
AVIA surveyed a cross section of the community and valley and
based on the tabulation of survey responses, recommended that
Council zone the property to Academic, Cultural Campus (ACC)
use. Council asked AVIA to write the zone that would define
the uses of the property, which we did. However, for
numerous reasons Council declined to move the zoning forward.
Subsequently, we asked Council to have the property appraised
as it exists.
At this time the Institute has joined with Savannah
Partnership, the current owners of the Meadows portion of the
property, to bring forward a development plan in a master
planning process which is designed to meet the needs of the
not -for -profit institutions presently using the property, as
well as allowing some free market development to insure that
the Savannah Partnership regain its investment in the
property.
The procedure of master planning a property prior to and in
concert with an SPA Application is unprecedented and as a
result we have some concerns. Under a standard SPA
Application, our concerns would be dealt with during the
process, at a specific time and with public notice and public.
hearings. Because of this unprecedented process described
above, and in an effort to make our concerns known, we bring
the following concerns and recommendations to the attention
of both the City Council and the Planning and Zoning
Commission.
page two
Given the current, economy and the history of this property,
AVIA has questions regarding the feasibility of the
commercial aspect of the application. We ask the City to
require the applicant to undertake a feasibility analysis to
include, at a minimum, land cost, construction costs,
anticipated schedule of build -out, anticipated revenues and
financing. The applicant should demonstrate that the project
as proposed and financed is feasible under current
conditions.
The City SPA regulations (Section 7-804) require submission
of a development schedule which would include:
- Section 7-804 D.1.d. specifying dates construction is
to be initiated and completed.
- Section 7-804 D.3. requiring that upon final
development approval the applicant and City enter
into a development agreement which would bind the
property to any conditions placed on the approval.
- Section 7-804 D.4. requiring the owners to record the
final development plan and agreement within 180 days
or the approval is invalidated.
These agreements would be binding on the current owners as
well as any future owners. With this in mind, the City
should insure that anyone who has any legal interest in the
property join in this application and consent to all of the
conditions of approval.
As in previous projects of even lesser magnitude and
importance, the City has required the applicant to submit a
guarantee to insure compliance with all conditions of
approval. Such guarantee should be in the form of a cash or
surety bond, letter of surety from a commercial bank, savings
and loan institution, insurance company, or other qualified
lending institution, licensed in Colorado and warranting a
sum of money sufficient to guarantee the performance of.all
requirements and completion of all improvements within the
approved time period or return of the site to its original
condition in case of default by the applicants.
With regard to any changes to the conditions of the original
approval, we have identified the following requirements, and
we ask that you include the following prior to approval:
page three
1. No condition shall be modified or withdrawn except
by action of the City Council.
2. In the event approval required notice and hearing,
the notice and hearing requirements shall be
repeated.
3. In the event approval required a recommendation
from any other board or commission, the proposed
amendment or withdrawal of the condition shall be
referred for recommendation.
4. If the condition was imposed as a result of comment
from a referral agency, a referral to such agency
shall be made.
The above requirements apply only to modifications or
withdrawal of any condition unaccompanied by any change in
the application previously approved.
We suggest that all proposed dedications of land to the
public, sales of open space land, and conveyances to the not -
for -profit institutions be finalized immediately upon site
specific development approval. It has been brought to our
attention that under Colorado law and the Aspen Land Use
Regulations, the applicant's development rights vest for 3
years (i.e., cannot be altered, impaired, delayed or
diminished by the City) at that time. Consequently, it is
appropriate that all conveyances be finalized when this
approval is given..
We understand that the applicant is seeking exemption from
Code requirements as an essential public facility. An
essential public facility has been defined as one that serves
an essential public purpose; is available for use by the
general public; and serves the needs of the City. In
addition, deed restrictions, street vacations, donations,
gifts, dedications and sales of different land areas are
anticipated. Consequently, we suggest that, as part of the
development approval, each of the following be given standing
to enforce the conditions of approval:
page four
(1) The City of Aspen.
(2) Any resident of Aspen.
(3) Adjacent landowners.
(4) Any owner or lessee of the Meadows/Institute lands.
(5) Any anticipated recipient of any street vacations,
land sale, gift, dedication, donation, or deed
restriction.
Given the public interest in this application, we request
that the City, in lieu of the rather standard published
notice of public hearings, publish (in advance of each public
hearing) the entire text of the application and planning
office recommendations.
Thank you for giving our concerns and recommendations your
careful consideration, and making them a part of the record
at this time in the process.
A-,"Cet7—,t
MEMORANDUM
To: City Council
From: C. T. Collins
Date: May 28, 1991
Re: Code Interpretations
Aspen Meadows SPA Submittal
I. NONCONFORMITIES:
The background of the properties on North Street between 7th
and 8th Streets is complicated with a long history of variances
and requests to vacate North Street. The alignment of the
proposed 7th Street access road, including the 3--way stcp
intersection, is located on this property.
The private parcel in question is zoned R-15 and is situated
at the northeast corner of the intersection of 8th and North
Streets (unopened). In 1986, a variance was granted to build a
residence on the nonconforming lot (6756 sq. ft.) and to reduce
the side yard setback along North Street from 16'-8" to 6'-8".
Seventh Street was designated as the front street.
In the application before you, the proposed access road
would reduce the lot area to approximately 4500 sq. ft.
When the planning office was notified that a nonconforming
lot could not be made more nonconforming,(Section 9-107), the
applicant proposed to convey a part of the race track to this
parcel to replace the area required for the road. This had
several negative impacts - it would push the access road further
into the track, and one more subdivision parcel would be created.
As a result, it was proposed by the applicant to have an
easement granted across the property for the road. This was
interpreted by the planning director as a step that "does not
create a new nonconforming lot".
By definition, an easement is "a property right given by the
owner Dedication of a public right-of-way generally
implies a real transfer of property in fee simple. Whether it is
in full conveyance or not, it means signing away all rights and,
in this case, the land can not be used by the owner. Section 3-
101 states that the term 'Subdivision' includes land which is
divided into separate interests.
Memorandum:
City Council
May 28, 1991
Page 2
Section 9-101 does not allow nonconformities to be enlarged
or expanded.
Section 9-107 states no portion of a lot required as a
building site shall be used as a site for another structure
(road). Section 9-107 also states that no interest (in a lot)
shall be conveyed to avoid, circumvent or subvert any provision
of this chapter.
Clearly, the granting of an easement on this property does
just that and any consideration for approval must go to the Board
of Adjustment.
!!.DESIGN STANDARDS: (Subdivision)
The review standards for subdivision are extensive and
specific. They are a long standing and important part of city
planning and development and encompass all underlying zone
districts. Requests for variances are referred to the Board of
Adjustment.
When the new access road was first proposed, it was evident
that it violated many of the design standards for streets and
related improvements, especially those that pertain to road
safety and public health.
The planning office was notified of these discrepancies. The
applicant then requested an amendment to the code which added
"design standards of Section 7-1004(C)(4) for streets and related
improvements" to the list of variations permitted in Section 7-
804(D)(2) under SPA review. Section 7-804(D)(2) clearly limits
permitted variations only to the requirements of the underlying
zone district.
Sections 1-14 and 2-65 restrain the discretionary powers of
city officers and employees and list the duties of the city
engineer. Setting variations on design standards, including
street improvements, which affect road safety and public health,
is not permitted.
in a memo to the planning director, dated March 26, 1991,
the city engineer recommends continuing with certain existing
street standards which are currently being compromised by the
application's proposed road.
Memorandum
City Council
May 28, 199:
Page 3
The terms 'local' and 'collector' streets are defined in the
code. It is evident that the new 7th Street access alignment
provides for the distribution of traffic within the neighbor-
hood and is therefore a 'collector' street. The code definition
does not refer to traffic volumes.
From the proposed cul-de-sacs and intersection along the
existing Meadows Road, to :Forth Street, to Main Street, it
'collects' and disperses traffic through the area.
The purpose of street standards is to provide for road
safety, avoid adverse environmental impacts,ard demonstrate
general reasonableness and suitability. Section 7-1004(C)12)(b)
states the development "shall not be designed to create spatial
patterns that cause inefficiences, duplication or premature
extension of public facilities and unnecessary public costs."
This redundant and poorly designed access road does not meet
these standards.
#34( 93 7 01. / 24/92 16. 1' ec $40(). oo EiK 667 PCB 732
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THE ASPEN MEADOWS
TABLE OF CONTENTS
PAGE
I. GENERAL REPRESENTATIONS .............................. 5
A.
Construction Schedules - General ........................... 5
B.
Construction Schedules - Detailed ..........................
6
C.
Traffic Mitigation Plan .................................
6
1. West Meadows Component ..........................
7
2. MAA Facilities Component ..........................
7
D.
Site Improvements to Property ............................
8
1. Utility Plan ....................................
8
(a) Water....................................9
(b) Sanitary Sewer ..............................
10
(c) Electricity .................................
11
(d) Gas.....................................12
(e) Other Underground Utilities ......................
12
(f) Drainage ..................................
12
(g) Fire Protection ..............................
12
(h) Vacation and Grant of Easements ..................
13
2. Meadows Road ................................
13
E.
Additional Conditions of Site Improvements ...................
14
F.
Financial Assurances .................................
15
II. INDIVIDUAL PARCELS - THE ASPEN MEADOWS ................. 16
A. Lot 1 - The Aspen Institute .............................
16
1.
Dimensional Requirements .........................
16
2.
Off -Street Parking ..............................
16
3.
Site Improvements ..............................
16
(a) Utilities ..................................
16
(b) Landscape Improvements .......................
16
4.
Trails ......................................
17
5.
Financial Assurances .............................
17
6.
Employee Housing ..............................
18
B. Lot 2 - Music Associates of Aspen .........................
18
1.
Dimensional Requirements .........................
18
2.
Off -Street Parking ..............................
19
3.
Site Improvements ..............................
19
(a) Utilities ..................................
19
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(b) Landscape Improvements .......................
19
4.
Financial Assurances .............................
19
5.
Employee Housing ..............................
20
C.
Lot 3
- The Aspen Center for Physics .......................
20
1.
Site Improvements ..............................
21
(a) Utilities ..................................
21
2.
Financial Assurances .............................
21
3.
Trails ......................................
22
D.
Lot 4
- Conservation Land ..............................
22
1.
Site Improvements ..............................
22
(a) Utilities ..................................
22
E.
Lot 5
- The Trustee Houses at the Aspen Meadows ..............
22
1.
Dimensional Requirements and Variations Therefrom .........
23
2.
Condominiumization and Six Month Minimum
Lease Requirement ..............................
24
3.
Site Improvements ..............................
24
(a) Utilities ..................................
24
(b) Landscape Improvements .......................
24
4.
Trails ......................................
25
5.
Financial Assurances .............................
25
6.
Employee Housing ..............................
26
F.
Lot 6
- The Tennis Townhomes at the Aspen Meadows ............
26
1.
Dimensional Requirements and Variations Therefrom .........
27
2.
Condominiumization and Six Month Minimum
Lease Requirement ..............................
28
3.
Site Improvements ..............................
28
(a) Utilities ..................................
28
(b) Landscape Improvements .......................
28
4.
Trails ......................................
29
5.
Financial Assurances .............................
29
6.
Employee Housing ..............................
30
G.
Lot 7,
8, 9 and 10 - The Residences at the Aspen Meadows .........
30
1.
Dimensional Requirements .........................
31
2.
Site Improvements ..............................
32
(a) Utilities ..................................
32
3.
Financial Assurances .............................
32
4.
Employee Housing ..............................
33
H.
Additional Provisions and Agreements ......................
33
1.
Access/Emergency Loop ..........................
33
2.
Fire Protection ................................
33
3.
Fireplace Regulations ............................
34
4.
Drainage Mitigation .............................
34
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5. Fugitive Dust Control ............................ 34
6. Energy Conservation - Savanah ...................... 34
7. Energy Conservation - Institute and MAA ................ 34
8. Fox Dens .................................... 35
9. Re -Vegetation ................................. 35
10. Manicured Lawn Areas ........................... 35
11. Construction Barricading .......................... 35
12. Amendments .................................. 35
13. Public Access ................................. 35
14. MAA Parking Lot .............................. 36
III. MISCELLANEOUS......................................36
A. Periodic Project Review ...............................
36
B. Non -Compliance and Request for Amendments or Extensions ........
36
C. General Provisions ..................................
38
1.
Notice ......................................
38
2.
Binding Effect .................................
39
3.
Applicable Law ................................
39
4.
Vested Rights .................................
39
5.
Expiration of Development Allotment ..................
40
6.
Severability..................................
40
7.
Incorporation of Recitals and Written Submittals ............
41
8.
Entire Agreement; Amendment ......................
41
9.
Acceptance of SPA Precise Plan; Ratification by Owner .......
41
10.
Reasonableness ................................
41
APPENDIX................................................44
sav anah\ag mts\table, con
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DEVELOPMENT & SUBDIVISION AGREEMENT
"THE ASPEN MEADOWS"
SPECIALLY PLANNED AREA
This Agreement, made and entered into this day of , 1991,
by and among the City of Aspen, Colorado, a municipal corporation and home rule city (the
"City"), and The Aspen Institute ("Institute"), the Music Associates of Aspen ("MAA"), the
Aspen Center for Physics ("Physics") and Savanah Limited Partnership, a District of Columbia
limited partnership ("Savanah"). Collectively the Institute, MAA, Physics and Savanah are
hereinafter referred to as the "Consortium".
RECITALS
1. The City of Aspen after numerous public hearings adopted a Master Plan
for the Aspen Meadows as a component of the Aspen Area Comprehensive Plan in September,
1990; and,
2. The Consortium has submitted to the City for approval, execution and
recordation, The Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat
(the "Plat") pertaining to the development of a tract of land known as the Aspen Meadows
situate within the City of Aspen, Colorado, legally described on Exhibit "A" (the "Property")
to include the following development activities, among others (the "Project"):
a. Reconstruction of the existing sixty lodge units of 35,950 gross
interior square feet and in addition, renovation of the existing
Kresge Building conference space (lower level, Building 5)'-Insti-
tute.
b. Construction of fifty new lodge units of 42,410 gross interior
square feet and additional subgrade mechanical space in Lodge
Buildings 1, 2, 3 and 4 totalling 960 square feet of gross interior
space - Institute
C. Health club renovation and expansion of 1,800 gross interior
square feet - Institute.
For the purposes of this Agreement, the term "gross interior square feet" or "gross
interior floor area" shall mean that floor area contained within the surrounding exterior
walls (measured from their exterior surface) of a building, or portion thereof, exclusive
of covered or uncovered decks, balconies, stairways, terraces and similar features, when
such features are not surrounded by exterior walls or enclosed.
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d. Restaurant renovation and expansion of 2,000 gross interior square
feet - Institute.
e. Tennis shop renovation and expansion, including rest rooms, of
980 gross interior square feet - Institute.
f. Music tint backstage expansion of 1,500 gross interior square feet
- MAA.
g. New rehearsal/performance hall of 11,000 square feet of Floor
Area Ratio ("FAR") - MAA.
h. Music tent gift shop expansion of 100 gross interior square feet -
MAA.
i. Renovation of the existing eight trustee houses and their expansion
to 2,500 square feet of FAR each - Savanah.
j. Constriction of ten new townhouse condominiums of 2,500 square
feet of FAR each - Savanah.
k. Creation of four single family homesites, each homesite to have a
single family home and an accessory employee unit totaling 4,540
square feet of FAR exclusive of exempt garage space of up to 500
square feet - Savanah.
3. Following extensive public hearings at which substantial evidence in
support of the Project components was produced and considered, the Consortium received all
requisite development approvals from the City for the Project. The development approvals that
the Consortium has received include the following:
a. Subdivision approval to create ten separate lots at the Aspen
Meadows.
b. Growth Management Quota System ("GMQS ") approval for
fourteen residential units.
C. GMQS exemption for essential public facilities from competition
and affordable housing impact mitigation for the Institute and
MAA development components.
d. Zoning map amendments to create two RMF lots, four R-15 lots,
Academic (A), Wildlife Preservation (WP) and Open Space (OS)
zones and lots, all as depicted on the Plat.
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e. Variations from subdivision and subdivision improvement
requirements, easement and utility requirements, design standards
for streets and related improvements and zone district dimensional
and minimum lease requirements.
f. Condominiumization approval for the eight existing trustee houses,
the three new trustee houses on Lot 5 and the seven new
townhomes on Lot 6.
g. Waiver of the six month minimum lease requirements for the
approved development activity in the RMF zone district.
h. Conditional use approvals for affordable housing units on lots 7,
8, 9 and 10, and
i. Historical Preservation Commission ("HPC") conceptual and final
approval for all aspects of the Project which were subject to HPC
review.
4. The City has fully considered the Plat and this Agreement as well as the
anticipated benefits and burdens to other neighboring properties by reason of the proposed
development and improvement of the Property, all in accordance with Chapter 24 and other
related provisions of the Municipal Code of the City of Aspen, Colorado (the "Municipal
Code"); and,
5. The City has found that the Plat and this Agreement meet the standards
set forth in Section 24-7-801, et seq. of the Municipal Code and further finds that the
Consortium has met its burden and has demonstrated the reasonableness and suitability of the
Project, its conformity to the requirements of Article 7 of Chapter 24 of the Municipal Code and
the Master Plan, that the adverse effects of the Project have been minimized to the extent
practicable, and that the Project complies with the City Council's intent in originally designating
the Property with an SPA overlay, including the reasonable conformance of the Plat and this
Agreement with the approval granted to the conceptual development plan; and,
6. The City is willing to approve, execute and accept this Agreement and the
Plat for recordation upon the agreement of the Consortium to the matters hereinafter described,
subject to all of the requirements, terms and conditions of Article 7 of Chapter 24 of the
Municipal Code as presently constituted and such other laws, rules and regulations as are or may
be applicable; and,
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7. The City has imposed conditions and requirements in connection with its
approval, execution and acceptance of this Agreement and the Plat for recordation and such
matters are necessary to protect, promote and enhance the public health, safety and welfare; and,
8. Under the authority of Article 7 of Chapter 24 of the Municipal Code, the
City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed
by the Consortium and the Consortium's successors and assigns; and,
9. The Consortium is willing to enter into such agreements with, and to
provide assurances to, the City; and
10. The Consortium has submitted and the City has approved a detailed
construction time line incorporating a specific construction schedule for the installation of the
new Meadows Road; and
11. Specific fire hydrant locations for the development have been established
and approved in cooperation with the Fire Marshall; and
12. A detailed tree removal and replacement plan has been submitted and
approved by the City Parks Department indicating all trees to be moved or removed, their size,
location, species and time of planting, transplanting, or removal specifying that all tree replace-
ment shall be on a one-to-one caliper inch basis with minimum size at 1 1/2" caliper; and
13. Exact trail locations have been approved by the Planning Director giving
priority to those alignments which minimize damage or disruption to existing vegetation and
landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the
preservation of existing topography. As built easements shall be executed and conveyed after
trail construction; and
14. All property exchanges between Savanah, the Institute, the MAA and
Physics are to be effectuated simultaneously with the recording of the final plat or as soon
thereafter as is practical in the circumstances; and
15. The Consortium has provided to the City a digitized copy of the
subdivision plat.
NOW, THEREFORE, in consideration of the premises, the mutual covenants
herein contained, and the approval, execution and acceptance of the Plat for recordation by the
City it is agreed as follows:
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I. GENERAL REPRESENTATIONS
A. CONSTRUCTION SCHEDULES - GENERAL:
The Consortium and City mutually acknowledge that exact construction schedules for the
entire Project cannot be submitted or agreed to at this time, due primarily to two factors:
(a) construction scheduling depends on the success of fund raising efforts by the non-
profit members of the Consortium, and (b) construction will take longer than a normal
development because summer programming and activities on the Property will require
curtailment of construction activity during summer months.
The Project involves five separate areas of construction activity with the following
currently estimated sequencing:
1. It is anticipated that the Institute renovation and new construction, including the
seven lodge buildings, administration building, health club and pool, parking
structure and attendant site work will be undertaken in at least three distinct
phases with the major components of each phase beginning in the Fall and ending
the following Summer.
2. It is anticipated that the MAA tent improvements (seating expansion, back stage
addition and site work), rehearsal/performance facility construction and site work
and the reconfiguration of the parking lots on Gillespie will be undertaken in at
least two phases, one being the tent related improvements and parking lot work
and the other being construction of the rehearsal facility.
3. It is anticipated that the residential component, consisting of site improvements
for the single family lots, tennis townhomes and trustee house remodels and
additions and all related site work will be undertaken in three phases: the site
work for the home sites, the tennis townhomes and the renovation and expansion
of the trustee houses.
4. The construction of the new Meadows Road is currently planned for the Spring
of 1992, and the conversion of the old Meadows Road to a trail with landscape
and the upgrades to the utility and irrigation systems throughout the Property is
planned for the Spring of 1992. The utility and irrigation system work will be
coordinated with the individual construction phases and with the Public Works
Director.
5. The schedule for completion of the City trail and bridge installation from the old
Meadows Road to picnic point and across to the Rio Grande trail and from behind
the auditorium accessing the Roaring Fork Road side of the campus will be
established by the City but will be coordinated with the affected Consortium
5
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C.
members. Disruptive construction activity will be scheduled so as not to interfere
with campus programs or activities. The City shall be solely and completely
responsible for grading, constructing and paying for all trail, bridge and
appurtenant recreation features from the Meadows Road West and North to picnic
point and across the Roaring Fork River to the Rio Grande trail and from the Rio
Grande trail up the hill to the Roaring Fork Road by the Institute parking lot.
CONSTRUCTION SCHEDULES - DETAILED:
At the time of application for a building permit for a particular development component
of the Project, and as a condition precedent to the issuance thereof, the individual owner
shall provide the City Engineering Department with a detailed construction schedule for
that component, satisfactory to the City Engineer and the Chief Building Official in
connection with the Planning Office in the exercise of their reasonable discretion keeping
in mind that disruptive activities shall be scheduled to minimize impacts on adjacent
properties and campus activities.
The Construction Schedule shall particularly address how construction phasing and other
techniques within each separate component will best accommodate the following if
appropriate under the circumstances: (a) any barricading and provision of pedestrian
protection, (b) excavation access and large truck traffic circulation and staging areas, (c)
disposal of demolition and excavation materials, (d) delivery and storage of major
construction materials, (e) construction equipment access and storage, (f) contractor
vehicle parking, (g) compliance with City noise regulations, and (h) scheduling and
design of utility relocations, replacements and undergrounding.
Each of such Construction Schedules shall be verified by the City Engineer and the Chief
Building Official in consultation with the Planning Office and (if the City so desires)
recorded as a supplementary exhibit hereto.
TRAFFIC MITIGATION PLAN:
As part of the SPA approval process the Consortium, in connection with the City and
West end neighbors, has developed a traffic mitigation plan dated February of 1991 and
attached hereto as Exhibit "B" .
The traffic mitigation plan is evolutionary in format. It shall address the needs of the
guests, employees and users of the lodge and the concert goers and students of the music
facilities as well as the neighbors. The plan requires action on the part of the Institute,
any lodge operator, MAA, the Roaring Fork Transit Authority ("RFTA") and the City
of Aspen. To accommodate the separate needs of the two distinct facilities at the
Meadows, the traffic mitigation plan has the following two components:
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1. West Meadows ComWnent. This component includes programs to discourage
private automobile use and to encourage, through incentives, alternate modes of
transportation. Elements include:
a. Airport van service for guests and residents.
b. Van service to and from town for guests and residents.
C. The shuttle van system as incorporated into the development's traffic
mitigation plan shall be operated by that company or entity operating the
lodge facility.
d. Chartered vehicles when appropriate for group activities originating at the
lodge.
e. Bicycle rental and storage facilities.
f. Promotional materials encouraging use of alternate modes of transportation
and discouraging private autos.
g. Guest parking in a garage to be constructed under the tennis facilities.
h. Trail Easements to connect the Property with the Rio Grande Trail.
i. Limited employee parking with programs for alternative transportation use
for employees.
j . Delivery vehicles and delivery routes serving the restaurant facilities shall
be limited to those hours of delivery and routes as delineated in the
development's traffic mitigation plan, except when severe weather or
circumstances beyond the control of the lodge/restaurant operator require
a deviation therefrom. The lodge/restaurant operator shall insure and
enforce the delivery hours and routes by contractual obligation with its
goods and services providers. The Institute (itself or through it's
lodge/restaurant operator) shall furnish to the City written evidence of this
contractual obligation.
2. MAA Facilities Component. Efforts to reduce auto use have been undertaken in
recent years by MAA in conjunction with West end residents. The elements of
this plan are a further expansion of these earlier efforts:
a. Promotional materials, including maps, encouraging use of transit,
bicycles and walkways have been initiated and will be continued.
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b. Pedestrian/bicycle ways include continued designation of Lake Avenue as
auto free. Bicycle racks will be provided in the vicinity of the tent.
C. Fourth Street from Main Street to the tent will be closed to all motorized
vehicles before large events and will be used for pedestrian and bus egress
after large events.
d. Enhanced transit service by RFTA to the tent during the summer.
e. Truck routing restrictions for deliveries to the tent and the planned
rehearsal/performance facility.
Institute, MAA and any lodge operator shall conduct a review and provide a
written report on the traffic mitigation plan to the City of Aspen Planning
Director on June 10 in years 1993, 1995, 1997, 1999 and 2001 and shall continue
to conduct and provide such reviews and reports every two years thereafter unless
deemed unnecessary by the City Council. Such reports shall include, but shall
not be limited to, traffic counts on Seventh Street, number of van trips pursuant
to the development's traffic mitigation plan, charter vehicle use, passenger counts
and destinations arising from the use of the Aspen Meadows facilities. The
review and report shall also incorporate data and information from RFTA
illustrating its service to the MAA facilities. The City will review the report and
may require modification to the development's traffic mitigation program,
including the addition of reasonable new mitigation measures. All modifications
of the traffic mitigation plan shall be approved by the Planning and Zoning
Commission at a public hearing.
D. SITE IMPROVEMENTS TO PROPERTY:
Consortium shall and hereby agrees to accomplish the following improvements on the
Property:
1. Utility Plan
The Consortium shall, when necessary, upgrade and relocate existing
water, sanitary sewer, gas, electrical, telephone, and cable television lines
in accordance with the approved Utility Plan recorded in Book a S at
Page 6- of the Pitkin County Colorado Real Property Records (the
"Records"). The currently estimated cost breakdown of all items are set
forth on Exhibit "C".
In accordance with the Utility Plan, the Consortium shall construct the
following improvements in the Project Area.
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(a) Water
The Consortium shall upgrade or install where necessary a water
distribution system for the development meeting no less than the
minimum design, engineering, materials and construction standards
of the City for domestic municipal and fire protection purposes and
shall convey same to the City upon completion, inspection and
acceptance by the City. The Consortium shall also convey to the
City a perpetual twenty foot as -built easement extending ten feet
from each side of the centerline of all newly constructed water
lines, and a construction easement extending an additional five feet
on each side of the centerline, along with a similar twenty foot
easement and construction easement for the future installation of
a connector main to the existing City water main in Black Birch
Drive to be installed and maintained at City expense.
The Consortium shall install and construct two new 8" Ductile Iron
water lines within the Project in accordance with the Utility Plan
which will replace and upgrade existing 6" cast iron and smaller
diameter water lines on the site.
Additionally, the Consortium shall:
(i) Install and construct an 8" Ductile Iron water line from the
City's existing dead -ended 8" water line in the current
Meadows Road, extending northerly and easterly through
the Project and connecting to the City's 16" Red Mountain
water transmission main. There will be a short section of
6" D.I.P. connecting portions of the 8" loop in front of
Chalet No. 1.
(ii) Install and construct an 8" Ductile Iron water line from the
existing 16" Red Mountain transmission main, extending
easterly north of Paepcke Auditorium, southerly and then
easterly in the Institute parking lot and terminating with a
tie-in to the existing City of Aspen 6" water line in Roaring
Fork Road.
(iii) Relocate the 16" Red Mountain water transmission main
around Lot 7 as shown on the Utility Plan.
(iv) Where required, all existing service lines will be replaced
and up -sized to support the upgraded and proposed con-
struction.
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(v) Existing on -site water lines no longer used will be aban-
doned in place.
Plans and specifications for all water system improvements shall
comply with at least minimum City water system specifications and
be subject to the approval of the City Water Superintendent in the
exercise of his discretion. Final acceptance of the water system
installation by the City is conditioned upon submission of final test
reports by a registered civil engineer verifying conformance with
approved plans and specifications.
(b) Sanitary Sewer
The Consortium shall install and construct 8" PVC sanitary sewer
lines within the Project in accordance with the Utility Plan, which
will replace, upgrade, and serve existing and proposed facilities on
the site.
Additionally, the Consortium shall:
(i) Install a new 8" PVC sewer line in the new Meadows Road
to serve the four Single Family Lots 7-10. The sewer main
extension will connect to the sewer main in the existing
Meadows Road.
(ii) Install a new 8" PVC sewer main extension along the west
side of the proposed Tennis Townhouses and connect to the
existing Aspen Consolidated Sanitation District ("ACSD")
Castle Creek Trunkline.
(iii) Relocate, as necessary, portions of the existing sewer line
serving the Trustee Townhouses and connect to the ACSD
Castle Creek Trunkline.
(iv) Install and construct where necessary a new sanitary sewer
collection system for the MAA and Institute property
beginning at the proposed MAA Rehearsal/Performance
facility, extending westerly, northerly, and then westerly
and north of Anderson Park, to the West Meadows portion
of the Institute property. The sewer main will collect
wastes from the meeting, lodging, restaurant, parking, and
health club facilities, extend westerly and north of the
Trustee Townhouses, and connect into the ACSD Castle
Creek Trunkline.
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(v) Install and construct a sanitary sewer collection system on
the Physics Property, extending easterly connecting
Boettcher Building, across the MAA parking lot and
connect into the ACSD sewer main in Roaring Fork Road.
(vi) The Castle Creek sanitary trunkline shall be lined wherever
practical. If sections of the trunkline must be replaced,
such replacement locations shall be identified to the City
Engineer and Planning Department and the least disruptive
practical methods of construction shall be identified and
employed.
(vii) Where necessary, all existing service lines will be replaced
and up -sized to support the upgraded and proposed con-
struction.
(viii) All the existing unused or unnecessary on -site sewer system
will be abandoned in place according to district regulations.
Plans and specifications for all sanitary sewer system improve-
ments will comply with generally applied ACSD specifications and
be subject to the approval of the District manager. Recordation of
the Plat shall indicate acceptance of the proposed system sizing,
locations and easements. Final acceptance by the District Manager
shall be conditioned upon submission of final test reports by an
independent registered civil engineer verifying substantial confor-
mance with approved plans and specifications, substantial compli-
ance with all generally applied rules and regulations of the
District, and submittal of executed and recorded easements on the
standard District form.
(c) Electricity
The Consortium agrees to contract with Holy Cross Electric to
install and construct all necessary electrical system upgrades within
the Project. Underground facilities will be brought from three
points of connection: Meadows Road, the overhead substation on
the east side of Castle Creek and the overhead substation on the
south side of the Roaring Fork River. All existing unnecessary
on -site electrical lines will be abandoned in -place. Routing of new
electrical lines will be consistent with the utility corridor whenever
practicable.
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(d) Gas
The Consortium agrees to contract with Rocky Mountain Natural
Gas to install and construct all necessary upgrades to the gas
system for the Project. Underground facilities will be brought in
from two points of connection: Meadows Road and Roaring Fork
Road. All existing unnecessary on -site gas lines will be abandoned
in -place. Routing of new gas lines will conform to the utility
corridor wherever practicable.
(e) Other Underground Utilities
The Consortium agrees to contract with U.S. West and Canyon
Cable Television to install and construct all necessary upgrades to
their individual facilities within the Project. Points of connection
will be from Meadows Road and Roaring Fork Road. All
unnecessary existing underground lines will be abandoned in -place,
and new routing will conform to the utility corridor whenever
practicable.
(f) Drainage
The Consortium shall install and maintain storm drainage facilities
for storm runoff from the site in accordance with Municipal Code
Section 24-7-1004.C.4.f. A detention area designed to detain the
on -site 100-year storm runoff as specified by the Urban Storm
Drainage Criteria Manual will be constructed north of Anderson
Park as shown on the Drainage Plan.
The design volume that will be detained is approximately 0.9 acre-
foot of storm runoff. A final plan will be submitted to the Public
Works Director for his review and approval prior to the com-
mencement of drainage work within the Project.
(g) Fire Protection
The Consortium agrees to install fire hydrants within 350 feet of
all existing and proposed structures. Placement will be reviewed
and approved by the City of Aspen/Pitkin County Fire Marshall
prior to commencement of construction.
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(h) Vacation and Grant of Easements
The City agrees to vacate any water, sewer or other utility
reservations at such time as these utilities are either abandoned or
relocated in accordance with the Consortium's commitment set
forth herein. Consortium agrees to grant any new easements for
relocated utility facilities in accordance with the location of the
utilities as constructed and in -place as may be required by the
individual utility's rules and regulations governing service.
2. Meadows Road
There shall be created a new Meadows Road accessing the Institute lodge
facilities and the residential properties at the Meadows. Savanah shall
construct the new Meadows Road, Seventh Street/North Street intersec-
tions, and Meadows Road/Eighth Street intersection in accordance with
the Plat. The new Meadows Road shall be dedicated as a public street
from its intersection with Seventh Street and North Street to the south
boundary of Lot 6.
Legal access to and from the new Meadows Road shall be provided where
necessary for the benefit of existing and future properties abutting that
portion of the old (existing) Meadows Road. Such easements are shown
and depicted on the Plat.
The speed limit for the new Meadows Road shall be reduced to a speed
below thirty miles per hour as determined by the City Engineer.
The old (existing) Meadows Road shall be converted at the expense of
Savanah to a pedestrian trail/bikeway with ownership thereto to remain in
the City.
In connection with the laying out and construction of the new Meadows
Road approved variations from subdivision design and other standards and
elements of the Municipal Code include the following:
* Curbs, gutters and sidewalks need not be provided within the
development.
* Alleys, paved or unpaved, do not need to be provided.
* Traffic control signs shall be installed at the intersection of the
new Meadows Road with Seventh and with Eighth Streets, but no
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z)i.l.via. Davis, Pitkin Casty ClerI::, Doc. $.(-)ci
traffic signals need be provided. Speed zones shall be signed as
determined by the City Engineer.
* If determined to be necessary by the City Engineer, street lights
need only be provided at the intersections of the new Meadows
Road with Seventh and Eighth Streets.
* No street bridges need be provided. Culverts to accommodate
irrigation ditches and drainage shall be installed.
* The minimum centerline curve radius for new Meadows Road shall
be reduced to 65 feet at and or near the intersection of Eighth
Street, and right-of-way widths shall be reduced to 40 feet.
Maximum grade shall not exceed 8 %. All dimensions shall be
specified and confirmed on the Plat.
* No street -end dedications need be provided.
* Cul-de-sac length for Meadows Road has been increased to a
maximum of 2,000 feet with a centerline turnaround diameter at
the administration building of approximately 50 feet.
* The new road alignment shall be called "Meadows Road".
* Street trees lining new Meadows Road shall consist of cottonwoods
of 2 inch caliper spaced every 30 feet along the east boundary
beginning at the intersection with Eighth Street and extending
north to the tennis courts.
* The Meadows Road construction shall be a local street in accor-
dance with the Plat and SPA approvals.
E. ADDITIONAL CONDITIONS OF SITE IMPROVEMENTS:
In connection with the installation of all site improvements to the Property:
1. There shall be no interconnection of non -treated water systems to potable water
systems.
2. Pursuant to Section 23-56(g) of the Municipal Code, the Consortium shall convey
by special warranty deed to the City any right, title, easement and interest it may
have in the Si Johnson Ditch along with any water wells or other water rights
appurtenant to the Property. The City shall lease back to the Consortium, or its
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successor(s) in interest, raw water for irrigation use within the Project in an
amount equal to that amount of water reasonably necessary for the efficient
irrigation of the lands historically irrigated. Consortium shall pay to the City its
pro rata share of operation, maintenance and repair costs, plus $100.00 per year.
The lease as noted above shall not subordinate the use of the water right to the
emergency needs of the City for minimum stream flows, hydroelectric power, or
municipal purposes.
3. Drainage design for the Project shall not intentionally direct runoff into irrigation
ditches or ponds.
4. Utility facility installations shall be restricted to roadway, trailway and cultivated
landscaped corridors wherever possible. If utility facility installations must occur
outside of these areas, such alternate utility corridors shall be fenced or
barricaded to the narrowest width possible so as to minimize vegetation
disturbance or destruction from construction activities and machinery. All utility
location corridors shall be inspected and approved by the City Engineer and
Planning Director prior to the issuance of any excavation permit.
5. Vegetation replacement necessitated by utility installation shall utilize the same
plant species as the species of vegetation disturbed or damaged.
6. All ditches, swales, intermediary ponds and detention areas shall be subject to
appropriate easements for access and maintenance purposes and be depicted on
the Plat.
7. Trench box construction methods shall be utilized for the utility installations
whenever possible so as to minimize site disturbance.
8. All trail easements shall consist of the trail width plus two feet on each side of
the trail plus required temporary construction easements all as shown on the Plat.
F. FINANCIAL ASSURANCES:
Financial assurances in amounts and in forms acceptable to the Consortium and City shall
be provided by Consortium to ensure the satisfactory installation and completion of the
new Meadows Road, all utility infrastructure, including water lines, the trail along old
Meadows Road, and the parking facility; provided that only that portion of the financial
assurances found by the Public Works Director to be related to the work for which a
given construction related permit is sought must be in place prior to issuance of that
permit. The Consortium shall have the right, at anytime and from time to time, to
substitute financial assurances theretofore given with another form of financial assurance;
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Silvia Davis, F'itk:in Crity c-lerk , Doc $.(..
provided always that such substituted financial assurance is satisfactory to the City
Attorney.
H. INDIVIDUAL PARCELS - THE ASPEN MEADOWS
A. LOT 1 - THE ASPEN INSTITUTE:
Lot 1 is the Institute Property and is zoned Academic (A), Open Space (OS) and Wildlife
Preservation (WP), all according to and as shown on the Plat. New development on Lot
1 has been approved for 50 new lodge units totalling 78,360 gross interior square feet,
for 110 new and renovated lodge units, a health club renovation and expansion of 1,800
gross interior square feet, a restaurant renovation and expansion of 2,000 gross interior
square feet, a renovation and expansion of the tennis shop of 980 gross interior square
feet and the creation of an underground parking structure for 97 cars below the
reconfigured tennis courts.
1. Dimensional Requirements
The dimensional requirements which shall apply to all permitted and conditional
uses in the Academic (A) Zone District are shown on the Plat.
2. Off -Street Parking
The Institute shall maintain 97 off-street parking spaces on Lot 1 until completion
of the underground parking structure.
3. Site Improvements
(a) Utilities. All telephone, electric and cable lines on Lot 1 servicing the
improvements shall be undergrounded. All water and sanitary sewer lines
shall be designed and constructed in accordance with standards of the City
and of the ACSD and as built easements will be provided as required.
(b) Landscape Improvements. Institute shall abide by and substantially
conform to the tree removal and landscape plans recorded as part of the
Plat in Book A � at Page s— , et seq. of the Records. The landscape
plans depict and describe the nature, extent and location of all plant
materials in appropriate relation to scale, species and size of existing plant
material, flower and shrub bed definition, a plant material schedule with
common and botanical names, sizes and quantities, proposed treatment of
all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative
water features, retaining walls, fencing, benches, and all other agreed-
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upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvements as contemplated
in the Lot 1 Construction Schedule, but in no event later than one year
after the date of issuance of the Certificate of Occupancy for the final
phase of improvements. It is the mutual understanding of the parties that
Certificates of Occupancy may in fact issue for improvements even though
the landscaping improvements related thereto have not yet been complet-
ed, so long as that portion of the financial guaranty provided for in this
agreement, which covers the estimated cost of such unfinished landscap-
ing, remains available to the City pursuant to the terms of this agreement.
All tree replacement shall be on a one-to-one caliper inch basis throughout
the Project as a whole with minimum size at 1 1/2" caliper.
4. Trails
The Plat depicts all trails dedicated or conveyed to public use and all easements
linking off -site trails to the development's trail system, including (a) an easement
for a trail link from Lot 3 (Physics), running behind Lots 7-10, to Meadows
Road, and (b) the trail easement between the tennis townhouses and restaurant.
Written easements shall be executed and conveyed after trail construction
confirming the as -built location of each easement. The Consortium and City
agree that the racetrack trails are not to be improved. While the Institute is
granting the Easements it shall have no financial obligation whatsoever for any
trail or related work on the trail around the track or the trail between the Tennis
Townhomes and the restaurant as shown on the Plat.
5. Financial Assurances
In order to secure the construction of the site and landscape improvements in
Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of
such improvements, Institute shall guarantee by irrevocable bond, sight draft or
letter of commitment or credit from a financially responsible lender that funds in
the amount of such estimated costs are held by it for the account of City for the
construction and installation of the above -described improvements. As a
condition for issuance of a building permit for a portion or all of the renovation
and new construction anticipated herein, the Institute and City shall agree on that
portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably
necessary to complete the work for which a permit is being sought and the
mutually agreed upon financial assurances shall be delivered to the City prior to
issuance of the building permit. All financial assurances given by Institute to
City, in all events, shall give the City the unconditional right, upon and following
default by the Institute, notice thereof by the City, and a forty day right thereafter
to cure, to withdraw funds as necessary and upon demand to partially or fully
complete and/or pay for any of such improvements or pay any uncontested
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#34093 r 01 /c4/92 16: 13 Ri 400- 00 BK 667 PG 752
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outstanding bills for work done thereon by any party, with any excess guaranty
amount to be applied first to additional administrative or legal costs associated
with any such default and the repair of any deterioration in improvements already
constructed before the unused remainder (if any) of such guaranty is released to
Institute. As portions of the required improvements are completed, the Public
Works Director shall inspect them, and upon approval and written acceptance, he
shall authorize the release from the guaranty delivered by Institute of the agreed
estimated cost for that portion of the improvements except that 10% of the actual
cost of the site or landscape improvements shall be retained until all proposed site
or landscape improvements are completed and approved by the Public Works
Director.
At anytime and from time to time, Institute shall have the right to substitute for
the form of financial assurance given, so long as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of the City Attorney in his determination.
6. Employee Housing
Under the terms of this Agreement the City acknowledges it has granted the
Institute a GMQS development exemption for essential public facilities from
competition and affordable housing impact mitigation for the Institute's existing
and new facilities.
B. LOT 2 - MUSIC ASSOCIATES OF ASPEN:
Lot 2 is the MAA Property and is zoned Academic (A) and Open Space (OS) all
according to and as shown on the Plat. Current development on Lot 2 consists of the
performance tent, the back stage area, a gift shop, a refreshment stand, a box office and
a parking lot. Approved new development allows for a music tent back stage expansion
of 1,500 gross interior square feet, a new rehearsal/performance hall of 11,000 square
feet of floor area and an expansion of 100 gross interior square feet to the existing gift
shop. Additionally, approval has been granted for a re -configuring of the tent to increase
tent seating to a total of 2,050 seats. FARs and the definitions thereof for the rehears-
al/performance hall shall remain as set forth and defined in the Aspen Land Use
Regulations in effect as of June 10, 1991, notwithstanding and shall survive, for not less
than the three year period next succeeding June 10, 1991, any subsequently adopted
reduction in or change to the definition or calculation of FARs.
1. Dimensional Requirements
The dimensional requirements which shall apply to all permitted and conditional
uses in the Academic (A) Zone District are established on the Plat.
#34093 7 01 /24/92 16: 13 R $440. oO BF: 667 PG 753
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2. Off -Street Parking
The parking lots at the South end of Lot 2 shall be reconfigured to allow for off
street bus drop-off, a new pedestrian trail through the parking lot, the addition of
bike racks for concert goers and parking for approximately 274 automobiles, as
shown on the Plat.
3. Site Improvements
(a) Utilities. All telephone, electric and cable lines on the Property servicing
the improvements shall be undergrounded. All water and sanitary sewer
lines shall be designed and constructed in accordance with standards of the
City and of the ACSD and written easements confirming the as -built
location thereof will be provided if and as required.
(b) Landscape Improvements. MAA shall abide by and substantially conform
to the tree removal and landscape plans as recorded as part of the Plat in
Book A_ at Page 5 , et seq. of the Records. The landscape plans
depict and describe the nature, extent and location of all plant materials
in appropriate relation to scale, species and size of existing plant material,
flower and shrub bed definition, a plant material schedule with common
and botanical names, sizes and quantities, proposed treatment of all
ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative
water features, retaining walls, fencing, benches, and all other agreed -
upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvements as contemplated
in the Lot 2 Construction Schedule, but in no event later than one year
after the date of issuance of the Certificate of Occupancy for the final
phase of improvements. It is the mutual understanding of the parties that
Certificates of Occupancy may in fact issue for improvements even though
the landscaping improvements related thereto have not yet been complet-
ed, so long as the portion of the financial guaranty provided for in this
agreement hereof which covers the estimated cost of such unfinished
landscaping remains available to the City pursuant to the terms of this
agreement. All tree replacement shall be on a one-to-one caliper inch
basis throughout the Project as a whole with minimum size at 1 1/2"
caliper.
4. Financial Assurances
In order to secure the construction of the site and landscape improvements in
Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of
such improvements, MAA shall guarantee by irrevocable bond, sight draft or
letter of commitment or credit from a financially responsible lender that funds in
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the amount of such estimated costs are held by it for the account of City for the
construction and installation of the above -described improvements. As a
condition for issuance of a building permit for a portion or all of the renovation
and new construction anticipated herein, MAA and City shall agree on that
portion of the work outlined in Paragraphs 3(a) and 3(b), above reasonably
necessary to complete the work for which a permit is being sought and the
mutually agreed upon financial assurances shall be delivered to the City prior to
issuance of the building permit. All financial assurances given by MAA to City,
in all events, shall give the City the unconditional right, upon and following
default by the MAA, notice thereof by the City, and a forty day right thereafter
to cure, to withdraw funds as necessary and upon demand to partially or fully
complete and/or pay for any of such improvements or pay any uncontested
outstanding bills for work done thereon by any party, with any excess guaranty
amount to be applied first to additional administrative or legal costs associated
with any such default and the repair of any deterioration in improvements already
constructed before the unused remainder (if any) of such guaranty is released to
MAA. As portions of the required improvements are completed, the Public
Works Director shall inspect them, and upon approval and written acceptance, he
shall authorize the release from the guaranty delivered by MAA of the agreed
estimated cost for that portion of the improvements except that 10% of the actual
cost of the site or landscape improvements shall be retained until all proposed site
or landscape improvements are completed and approved by the Public Works
Director.
At anytime and from time to time, MAA shall have the right to substitute for the
form of financial assurance given, so long as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of the City Attorney in his determination.
5. Employee Housing
Under the terms of this Agreement the City acknowledges it has granted MAA
a GMQS exemption for essential public facilities from competition and affordable
housing impact mitigation for MAA's existing and new facilities.
C. LOT 3 - THE ASPEN CENTER FOR PHYSICS:
Lot 3 is the Physics Property and is zoned Academic (A) and Wildlife Preservation
(WP), all according to and as shown on the Plat. Development on Lot 3 consists of
meeting facilities and library building for Physics. No new development is approved by
this plan; however, new development with appropriate review is not precluded.
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1. Site Improvements
(a) Utilities. Physics shall install and hook up to a sanitary sewer service for
all buildings currently not served. Such improvements shall be inspected
and approved by the Aspen Sanitation District and shall be conveyed to
the District upon completion, inspection and acceptance by the District.
Physics shall, if necessary, convey to the District a perpetual twenty foot
as -built easement extending ten feet from each side of the centerline of all
newly constructed sanitary sewer lines, and a construction easement
extending an additional five feet on each side of the centerline.
Physics shall, within two years of the date of recordation of this Agreement and
the Plat, complete the sanitary sewer improvements or post a financial assurance
in an amount and form mutually acceptable to the City and Physics to guarantee
completion of the sanitary sewer installation no later than thirty months from the
date of recordation of this Agreement and the Plat.
2. Financial Assurances
In order to secure the construction of the site improvements in Paragraph l(a)
above and to guarantee 100% of the estimated cost of such improvements and
related re -vegetation of disturbed areas of Lot 3, Physics shall guarantee by
irrevocable bond, sight draft or letter of commitment or credit from a financially
responsible lender that funds in the amount of such estimated costs are held by
it for the account of City for the construction and installation of the above -
described improvements. All financial assurances given by Physics to City, in
all events, shall give the City the unconditional right, upon and following default
by the Physics, notice thereof by the City, and a forty day right thereafter to
cure, to withdraw funds as necessary and upon demand to partially or fully
complete and/or pay for any of such improvements or pay any uncontested
outstanding bills for work done thereon by any party, with any excess guaranty
amount to be applied first to additional administrative or legal costs associated
with any such default and the repair of any deterioration in improvements already
constructed before the unused remainder (if any) of such guaranty is released to
Physics. As portions of the required improvements are completed, the Public
Works Director shall inspect them, and upon approval and written acceptance, he
shall authorize the release from the guaranty delivered by Physics of the agreed
estimated cost for that portion of the improvements except that 10% of the actual
cost of the site improvements shall be retained until all proposed site improve-
ments are completed and approved by the Public Works Director.
At anytime and from time to time, Physics shall have the right to substitute for
the form of financial assurance given, so long as such substituting form meets the
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requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of the City Attorney in his determination.
3. Trails
The Final Plat depicts a trail easement across the Physics Property from Gillespie
Street to the race track trail on Lot 1. Physics and the City agree that this trail
easement is not to be paved. Physics is granting this easement but has no
financial obligation of any kind for the trail or any related work.
D. LOT 4 - CONSERVATION LAND:
Lot 4 is to be sold by Savanah to the City of Aspen for the purpose of open space. Lot
4 shall be zoned Wildlife Preservation (WP). It is the intention of this zone district that
this Property remain open with a trail system and appropriate bridge connections to the
Rio Grande Trail. Neither the Consortium nor any of its individual members thereof
shall have any responsibility whatsoever for the construction, installation or maintenance
of any trail or other recreational facilities to be incorporated into Lot 4. Exact trail
locations must be approved by the Planning Director giving priority to those alignments
which minimize damage or disruption to existing vegetation and landscape and which
subordinate grade considerations and, thus, minimize switchbacks, to preservation of
existing topography.
1. Site Improvements
(a) Utilities. The Final Plat shows utility line easements as existing and
proposed for electrical, gas, storm and sanitary sewer, and water.
E. LOT 5 - THE TRUSTEE HOUSES AT THE ASPEN MEADOWS:
Lot 5 is Savanah's Property and is zoned RMF according to and as shown on the Plat.
Existing development on Lot 5 consists of the eight trustee houses, each of approximately
1,750 square feet, consisting of three bedrooms and two baths. Development has been
approved for an expansion and renovation of the existing trustee houses to create eight
three -bedroom units of 2,500 square feet of FAR each. In addition three new trustee
houses shall be developed on Lot 5, one on the South end of the existing units and two
on the North end of the existing units. Each new unit will be 2,500 square feet of FAR
with three bedrooms. Total build -out on Lot 5 shall consist of eleven units with thirty-
three bedrooms and 27,500 square feet of FAR, excluding carports (up to 500 square feet
per dwelling unit). FARs and the definitions thereof for the existing and new trustee
houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect
as of June 10, 1991, notwithstanding and shall survive for not less than the three year
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_�11.via Davis, Pitk:in Cnty Clerk:, Doc $.ii(-)
period next succeethr?l!, June. ; 0, L� 1, any subsequently adopted reduction in or change
to the definition or calculation of FARs. The three new residences have received an
allotment under the GMQS and have received variations for setbacks, height and open
space, as noted on the Plat and as described below.
1. Dimensional Requirements and Variations Therefrom
The following dimensional requirements are for the RMF Zone District;
variations in these requirements that have been granted for the development
activity contemplated for Lot 5 are noted:
a) Minimum lot size (sq. ft.): 6,000
b) Minimum lot area per dwelling unit:
i) 3 bedroom unit: 3,630 sq. ft.
c) Minimum lot width: 60 feet
d) Minimum front yard:
i) Principal building: 10 feet
ii) Accessory building: 15 feet
(Note. A variation from minimum RMF Zone District front yard
setbacks for accessory buildings has been granted by the City to
zero feet for Lot 5.)
e) Minimum side yard: 5 feet
f) Minimum rear yard:
i) Principal building: 10 feet
ii) Accessory building: 15 feet
g) Maximum height: 25 feet
(Note. A dimensional height variation for the two northernmost trustee
houses has been granted by the City for up to eight feet.)
h) Percent of open space required for building site: 35 %
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(Note. Minimum RMF Zone District open space requirements have been
waived by the City for Lot 5 in consideration of the open space otherwise
provided in the SPA development plan.)
i) External FAR (maximum): 1:1
j) Internal FAR: no requirement
k) Off-street parking requirement: 1 space per bedroom
2. Condominiumization and Six Month Minimum Lease Requirement
Pursuant to findings made during the approval process and in accordance with
Section 24-7-1007 of the Municipal Code, the City has granted and awarded
condominiumization approval for all eleven units contemplated for Lot 5.
Condominiumization of the eight existing units is subject to payment of an
affordable housing impact fee according to Section 24-7-1007A(1)(c). The fee
totals $64,240 and shall be paid at time of recordation of the condominium plat
and declaration for the units on Lot 5.
The six month minimum lease requirement for condominium units as contained
at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is
waived as to all the condominium units on Lot 5 as approved by this SPA plan.
3. Site Improvements
(a) Utilities. All telephone, electric and cable lines on the Property servicing
the improvements shall be undergrounded. All water and sanitary sewer
lines shall be designed and constructed in accordance with standards of the
City and of the ACSD and written easements will be provided if and as
required confirming the as -built location of each easement.
(b) Landscape Improvements. Savanah shall abide by and substantially
conform to the tree removal and landscape plans recorded as part of the
Plat in Book ,� 2 at Page S , et seq. of the Records. The landscape
plans depict and describe the nature, extent and location of all plant
materials in appropriate relation to scale, species and size of existing plant
material, flower and shrub bed definition, a plant material schedule with
common and botanical names, sizes and quantities, proposed treatment of
all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative
water features, retaining walls, fencing, benches, and all other agreed -
upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvements as contemplated
in the Lot 5 Construction Schedule, but in no event later than one year
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after the date of issuance of the Certificate of Occupancy for the final
phase of improvements. It is the mutual understanding of the parties that
Certificates of Occupancy may in fact issue for improvements even though
the landscaping improvements related thereto have not yet been complet-
ed, so long as that portion of the financial guaranty provided for in this
Agreement, which covers the estimated cost of such unfinished landscap-
ing remains available to the City pursuant to the terms of this Agreement.
All tree replacement shall be on a one-to-one caliper inch basis throughout
the Project as a whole with minimum size at 1 1/2" caliper.
4. Trails
The Plat depicts all trails dedicated or conveyed to public use and all easements
linking off -site trails to the Project's trail system, including the trail easement
between the tennis townhouses and restaurant. Written easements shall be
executed and conveyed after trail construction confirming the as -built location of
each easement. A portion of the trail Easement for the trail from Meadows Road
to Lot 4 crosses Lot 5, as depicted on the Plat. Trail construction on this
Easement and any other appurtenant recreational facilities and amenities and
landscaping is the sole responsibility of the City of Aspen. Neither Savanah nor
the Consortium shall have any financial responsibility for any of this work or for
the maintenance of any easements.
5. Financial Assurances
In order to secure the construction of the site and landscape improvements in
Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of
such improvements, Savanah shall guarantee by irrevocable bond, sight draft or
letter of commitment or credit from a financially responsible lender that funds in
the amount of such estimated costs, are held by it for the account of City for the
construction and installation of the above -described improvements. As a
condition for issuance of a building permit for a portion or all of the renovation
and new construction anticipated herein, Savanah and City shall agree on that
portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably
necessary to complete the work for which a permit is being sought and the
mutually agreed upon financial assurances shall be delivered to the City prior to
issuance of the building permit. All financial assurances given by Savanah to
City, in all events, shall give the City the unconditional right, upon and following
default by Savanah, notice thereof by the City, and a forty day right thereafter to
cure, to withdraw funds as necessary and upon demand to partially or fully
complete and/or pay for any of such improvements or pay any uncontested
outstanding bills for work done thereon by any party, with any excess guaranty
amount to be applied first to additional administrative or legal costs associated
with any such default and the repair of any deterioration in improvements already
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constructed before the unused remainder (if any) of such guaranty is released to
Savanah. As portions of the required improvements are completed, the Public
Works Director shall inspect them, and upon approval and written acceptance, he
shall authorize the release from the guaranty delivered by Savanah of the agreed
estimated cost for that portion of the improvements except that 10% of the actual
cost of the site or landscape improvements shall be retained until all proposed site
or landscape improvements are completed and approved by the Public Works
Director.
At anytime and from time to time, Savanah shall have the right to substitute for
the form of financial assurance given, so long as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of City Attorney in his determination.
6. Employee Housing
Savanah and the City acknowledge that the renovation and expansion of the eight
trustee houses do not create any employee impact because the bedroom count in
each unit remains at 3. Savanah shall pay to the City an affordable housing
mitigation impact fee for 1.66 low income employees per unit for each of the
three new residential units on Lot 5, in an amount to be calculated pursuant to
those fee guidelines in effect at the time the fee is to be paid. The fee shall be
paid prior to the issuance of the building permit for construction of any new
residential unit on Lot 5 and shall be paid in proportion to the number of units
sought to be permitted.
F. LOT 6 - THE TENNIS TOWNHOMES AT THE ASPEN MEADOWS:
Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat.
Currently there is no residential development on Lot 6. Approved under this plan is
development of seven townhome units of three bedrooms and 2,500 square feet of FAR
each. Total build out on Lot 6 shall consist of seven units with twenty-one bedrooms and
17,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit).
FARs and the definitions thereof for the existing and new trustee houses shall remain as
set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991,
notwithstanding and shall survive for not less than the three year period next succeeding
June 19, 1991, any subsequently adopted reduction in or change to the definition or
calculation of FARs. The seven new townhomes have received an allotment under the
City GMQS and have received variations for height, open space and setbacks for
accessory buildings, all as noted on the Plat and described herein.
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1. Dimensional Requirements and Variations Therefrom
The following dimensional requirements are for the RMF Zone District;
variations in these requirements that have been granted for the development
activity contemplated for Lot 6 are noted.
a) Minimum lot size (sq. ft.): 6,000
b) Minimum lot area per dwelling unit:
i) 3 bedroom unit: 3,630 sq. ft.
c) Minimum lot width: 60 feet
d) Minimum front yard:
i) Principal building: 10 feet
ii) Accessory building: 15 feet
(Note. A variation from minimum RMF Zone District front yard
setbacks for accessory buildings has been granted by the City to
zero feet for Lot 6.)
e) Minimum side yard: 5 feet
f) Minimum rear yard:
i) Principal building: 10 feet
ii) Accessory building: 15 feet
g) Maximum height: 25 feet
(Note. A dimensional height variation for the center portion of the tennis
townhomes has been granted by the City for up to three feet as shown on
the Plat.)
h) Percent of open space required for building site: 35 %
(Note. Minimum RMF Zone District open space requirements have been
waived by the City for Lot 6 in consideration of the open space otherwise
provided in the SPA development plan.)
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i) External FAR (maximum): 1:1
j) Internal FAR: no requirement
k) Off-street parking requirement: 1 space per bedroom
2. Condominiumization and Six Month Minimum Lease Requirement
Pursuant to findings made during the approval process and in accordance with
Section 24-7-1007 of the Municipal Code, the City grants and awards
condominiumization approval for the seven tennis townhome units on Lot 6 as
approved by this SPA plan.
The six month minimum lease requirement for condominium units as contained
at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is
waived as to the seven condominium units on Lot 6.
3. Site Improvements
(a) Utilities. All telephone, electric and cable lines on the Property servicing
the improvements shall be undergrounded. All water and sanitary sewer
lines shall be designed and constructed in accordance with standards of the
City and of the ACSD and written easements will be provided if and as
required confirming the as -built location of each easement.
(b) Landscape Improvements. Savanah shall abide by and substantially
conform to the tree removal and landscape plans recorded as part of the
Plat in Book _,2,�, at Page t5 , et seq. of the Records. The landscape
plans depict and describe the nature, extent and location of all plant
materials in appropriate relation to scale, species and size of existing plant
material, flower and shrub bed definition, a plant material schedule with
common and botanical names, sizes and quantities, proposed treatment of
all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative
water features, retaining walls, fencing, benches, and all other agreed -
upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvements as contemplated
in the Lot 6 Construction Schedule, but in no event later than one year
after the date of issuance of the Certificate of Occupancy for the final
phase of improvements. It is the mutual understanding of the parties that
Certificates of Occupancy may in fact issue for improvements even though
the landscaping improvements related thereto have not yet been complet-
ed, so long as the portion of the financial guaranty provided for in this
Agreement which covers the estimated cost of such unfinished landscaping
remains available to the City pursuant to the terms of this Agreement. All
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*34093 7 01 /24/92 16: 13 Rec $400. 00 BK 667 PG 763
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tree replacement shall be on a one-to-one caliper inch basis throughout the
Project as a whole with minimum size at 1 1/2" caliper.
4. Trails
The Plat depicts all trails dedicated or conveyed to public use and all easements
linking off -site trails to the Project's trail system. Two trail easements are
associated with Lot 6. The first is a minimum three foot wide unpaved walking
path which parallels the Meadows Road on the Eastern edge of Lot 6 and the
second is the easement on the Western portion of Lot 6 to accommodate the
construction and maintenance of the trail from Meadows Road to Lot 4 and across
the Roaring Fork River to the Rio Grande Trail, all as depicted on the Plat. Lot
6 shall be burdened with easements for these trails as shown on the Final Plat.
Construction of the walking path shall be completed by Savanah in connection
with the construction of the improvements on Lot 6. Savanah and the City
acknowledge and agree that all responsibility for construction of and payment for
the trail to Lot 4 and any other appurtenant recreational amenities permitted in the
zone district and landscaping is the sole responsibility of the City, and Savanah
shall have no responsibility for the maintenance thereof.
5. Financial Assurances
In order to secure the construction of the site improvements in Paragraphs 3(a)
and (b) above and to guarantee 100% of the estimated cost of such improvements,
Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment
or credit from a financially responsible lender that funds in the amount of such
estimated costs, are held by it for the account of City for the construction and
installation of the above -described improvements. As a condition for issuance of
a building permit for a portion or all of the construction anticipated herein,
Savanah and City shall agree on that portion of the work outlined in Paragraphs
3(a) and 3(b) above reasonably necessary to complete the work for which a
permit is being sought and the mutually agreed upon financial assurances shall be
delivered to the City prior to issuance of the building permit. All financial
assurances given by Savanah to City, in all events, shall give the City the
unconditional right, upon and following default by Savanah, after notice thereof
by the City, and a forty day right thereafter to cure, to withdraw funds as
necessary and upon demand to partially or fully complete and/or pay for any of
such improvements or pay any uncontested outstanding bills for work done
thereon by any party, with any excess guaranty amount to be applied first to
additional administrative or legal costs associated with any such default and the
repair of any deterioration in improvements already constructed before the unused
remainder (if any) of such guaranty is released to Savanah. As portions of the
required improvements are completed, the Public Works Director shall inspect
them, and upon approval and written acceptance, he shall authorize the release
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from the guaranty delivered by Savanah of the agreed estimated cost for that
portion of the improvements except that 10 % of the actual cost of the site or
landscape improvements shall be retained until all proposed site or landscape
improvements are completed and approved by the Public Works Director.
At anytime and from time to time, Savanah shall have the right to substitute for
the form of financial assurance given, so long as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of City Attorney in his determination.
6. Employee Housing
In connection with the construction of the seven tennis townhome townhouse
condominium units on Lot 6 Savanah shall pay to the City an affordable housing
mitigation impact fee for 1.66 low income employees per unit for each of the
seven new residential units on Lot 6, in an amount to be calculated pursuant to
those fee guidelines in effect at the time the fee is to be paid. The fee shall be
paid prior to the issuance of the building permit for construction of any new
residential unit on Lot 6 and shall be paid in proportion to the number of units
sought to be permitted.
G. LOTS 7. 8. 9 and 10 - THE RESIDENCES AT THE ASPEN MEADOWS:
Lots 7, 8, 9 and 10 are owned by Savanah and are zoned R-15 according to the Plat.
These lots currently are undeveloped. Under the SPA, Savanah has been granted
approval to develop, on each lot, a single family residence together with an accessory
dwelling unit. Each lot has a FAR of 4,540 square feet, excluding 500 square feet of
garage, but including the accessory dwelling unit of 500 square feet above grade. FARs
and the definitions thereof for the residences and the accessory dwelling units shall
remain as set forth and defined in the Aspen Land Use Regulations in effect as of June
10, 1991, notwithstanding and shall survive for not less than the three year period next
succeeding June 10, 1991, any subsequently adopted reduction in or change to the
definition or calculation of FARs. The four single family units have specific building
envelopes as shown on the Plat and will be subject to protective covenants that will be
placed of record prior to the sale of any of Lots 7, 8, 9 and 10, which covenants will,
at a minimum, provide for (a) the establishment and incorporation of an association of
homeowners with a Design Review Board, at least one member of which shall be
designated by the City of Aspen Historical Preservation Commission, which Board shall
have original jurisdiction in all matters involving any change to the then existing state or
condition of any lot; (b) the manner in which each accessory dwelling unit on any lot
shall be used, occupied and rented, including the incorporation of applicable standards
and guidelines of the Aspen Pitkin County Housing Authority; and (c) the obligation of
each of Lots 7, 8, 9 and 10 and each owner, at anytime, thereof to comport with and
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Silvia Davis, Pit.k:in Cnty Clerk, Do(,-*,
abide by the applicable terms, provisions, and conditions of Ordinance 14 and approved
Subdivision Plat for said lots. The four (4) residences have received an allotment under
the City of Aspen GMQS and have received variations for minimum R-15 zone district
lot size per dwelling and minimum side yard setback requirements, as noted on the Final
Plat and as described herein.
1. Dimensional Requirements
The following dimensional requirements are for the R-15 Zone District: variations
in these requirements that have been granted for the development activity
contemplated for Lots 7-10 are noted:
a) Minimum lot size:
15,000 sq. ft.
(Note. The minimum R-15 zone district lot size per principle dwelling
unit has been reduced to 12,000 square feet for Lots 7, 8, 9 and 10.)
b) Minimum lot area per dwelling unit: 12,000 sq. ft.
c) Minimum lot width: 75 feet
d) Minimum front yard:
i) Residential dwelling: 25 feet
ii) Accessory building: 30 feet
e) Minimum side yard: 10 feet
(Note. The minimum side yard setbacks have been reduced by the City
under the SPA to zero feet for the West side of Lot 7 and the East side of
Lot 10.)
f) Minimum rear yard:
i) Residential building:
10 feet
ii) Accessory building: 5 feet
(Note. Rear yard setbacks for Lots 7-10 are as shown on the
Plat.)
g) Maximum height:
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40937 01 /24/92 16: 13 hec )0. 00 91" 667 F'G 766
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2
3
h) Minimum distance between detached
buildings on lot: 10 feet
i) Percent of open space: No Requirement
j) External FAR: 4,540 sq. ft.
(Note. The square footage includes an accessory dwelling unit of 500 sq.
ft. and excludes a garage of up to 500 sq. ft.)
k) Internal FAR: no requirement
1) Off-street parking spaces: One space per bedroom, and one
space per accessory dwelling unit.
Site Improvements
a) Utilities. All telephone, electric and cable lines on the Property servicing
the improvements shall be undergrounded. All water and sanitary sewer
lines shall be designed and constructed in accordance with standards of the
City and of the ACSD and as built easements will be provided as
required. It shall be the requirement of Savanah to install all utilities to
the lot lines. The utilities shall be installed in connection with the
construction of the new Meadows Road.
Financial Assurances
In order to secure the construction of the site improvements in Paragraph 2 above
and to guarantee 100% of the estimated cost of such improvements, Savanah shall
guarantee by irrevocable bond, sight draft or letter of commitment or credit from
a financially responsible lender that funds in the amount of such estimated costs,
are held by it for the account of City for the construction and installation of the
above -described improvements. As a condition for issuance of a building permit
for a portion or all of the utility installation, Savanah and City shall agree on that
portion of the work outlined in Paragraph 2 above reasonably necessary to
complete the work for which a permit is being sought and the mutually agreed
upon financial assurances shall be delivered to the City prior to issuance of the
building permit. All financial assurances given by Savanah to City, in all events,
shall give the City the unconditional right, upon and following default by
Savanah, notice thereof by the City, and a forty day right thereafter to cure, to
withdraw funds as necessary and upon demand to partially or fully complete
and/or pay for any of such improvements or pay any uncontested outstanding bills
for work done thereon by any party, with any excess guaranty amount to be
applied first to additional administrative or legal costs associated with any such
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Silvia Davis, Pit[ -.:in Cnty Clerk. Doc $.(-)(-)
default and the repair of any deterioration in improvements already constructed
before the unused remainder (if any) of such guaranty is released to Savanah. As
portions of the required improvements are completed, the Public Works Director
shall inspect them, and upon approval and written acceptance, he shall authorize
the release from the guaranty delivered by Savanah of the agreed estimated cost
for that portion of the improvements except that 10 % of the actual cost of the site
improvements shall be retained until all proposed site improvements are
completed and approved by the Public Works Director.
At anytime and from time to time, Savanah shall have the right to substitute for
the form of financial assurance given, so long as such substituting form meets the
requirements for form and content above set forth. Any such substitution shall
be subject to the prior approval of the City Attorney in his determination.
4. Employee Housing
In connection with the construction of each single family residence there shall be
constructed an accessory dwelling unit of 500 square feet above grade. These one
bedroom units shall be deed restricted to the low income rental guidelines in
effect from time to time as determined by the Housing Authority. It shall be the
responsibility of the owners of each of the four single family sites to lease the
employee units to qualified tenants as determined by the Housing Authority. The
owners shall have the right to select the tenants. A copy of the deed restriction
form for these residential sites is attached hereto as Exhibit "D" and is incorporat-
ed herein by this reference.
At the time of application for a building permit for any residential lot the City
shall, if so requested by the lot owner, consider the appropriateness of accepting,
instead of the accessory dwelling unit on the lot, cash in lieu thereof or an off -site
employee unit. The decision shall be at the reasonable discretion of the City.
H. ADDITIONAL PROVISIONS AND AGREEMENTS:
1) Access/Emergency Loop. The thirteen foot service access/emergency loop drive
serving the lodge buildings on Lot 1 shall be constructed with an all weather
surface adequate to support fire -fighting apparatus. Such access/emergency loop
drive(s) shall be plowed, cleared and maintained to thirteen foot widths at all
times of the year and particularly during the winter months.
2) Fire Protection. All buildings to be served and accessed from the thirteen foot
access/emergency loop drive shall have interior sprinkling fire protection/
suppression systems as approved by the Fire Marshal and such system(s) must be
approved prior to the issuance of a building permit.
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3) Fireplace Regulations. All residential units shall comply with fireplace
regulations as contained in the Municipal Code and enforced by the Environmen-
tal Health Department. No building permits shall be issued for residential units
absent compliance with fireplace regulations. Savanah shall replace the wood
burning fireplaces in the eight existing trustee house units on Lot 5 with gas log
fireplaces. Minor relocations of existing fireplaces shall be considered replace-
ment of existing and not the incorporation of new fireplaces. All disputes
concerning the application or interpretation of fireplace regulations to the Project
(and individual components thereof) shall be subject to review and determination
by the Clean Air Board.
4) Drainage Mitigation. Prior to the issuance of a building permit for each
component of the Project, a drainage mitigation plan for that component for run-
off during construction activity shall be submitted to and approved by the City
Engineer so as to insure against or minimize run-off into Castle Creek and the
Roaring Fork River.
5) Fugitive Dust Control. Prior to the issuance of a building permit for each
component of the Project, a fugitive dust control plan for that component must
be submitted to and approved by the Environmental Health Department and
applicable state agencies. Additionally, a fugitive dust control plan must be
submitted and approved by the Environmental Health Department for the MAA
parking lot prior to issuance of a building permit for the MAA rehearsal/
performance facility.
6) Energy Conservation - Savanah. All energy conservation and efficiency measures
as represented by Savanah in its GMQS application and set forth in Exhibit "E"
hereto regarding insulation, glazing, solar orientation, HVAC, and plumbing
fixtures shall be incorporated into all residential units and the design(s) thereof
must be approved by the City prior to issuance of any building permit for
residential construction. These measures shall be further incorporated into deed
restrictions and/or covenants for all single family homes and condominia.
7) Energy Conservation - Institute and MAA. Non-residential construction and
facilities shall utilize state-of-the-art energy conservation and efficiency measures
as represented by the Institute and MAA. Accordingly, detailed plans submitted
for building permits for the lodge structures and the MAA rehearsal/performance
hall must be accompanied by the energy information provided to staff in the
Appropriate Technologies Associates' letter of May 3, 1991, Exhibit "F" and the
MAA Rehearsal/Performance Hall Energy Conservation Description document
submitted to Planning staff on May 20, 1991, a copy of which is attached hereto
as Exhibit "G". The engineered thermal envelope calculation will be verified by
the Building Department according to the Model Energy Code.
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8) Fox Dens. The Consortium has constructed replacement and additional fox dens
in a manner and at locations selected in the field by the City, in consultation with
the Director of the Aspen Center for Environmental Studies ("ACES").
9) Re -Vegetation. Re -vegetation of all areas developed pursuant to the Plan shall
be implemented in accordance with those guidelines as set forth by Design
Workshop in its letter of March 21, 1991, a copy of which is attached hereto as
Exhibit "H". All re -vegetation shall be inspected and monitored by the City to
ensure that re -vegetation efforts and the protection of the same are successful.
10) Manicured Lawn Areas. New manicured lawn areas shall be minimized to the
extent possible, except in those areas adjacent to the Music Tent, and as shown
on the Plat.
11) Construction Barricadine. Prior to excavation, temporary construction barricades
and/or fencing shall be erected within five feet of the building envelopes of the
tennis townhomes and trustee townhomes to prevent damage from falling debris
to the slope bordering the development activity unless unstable soils dictate
alternative locations mutually agreed upon by Savanah, the Building Department
and Planning Office. Prior to issuance of building permits for individual
components, the locations of all fencing and barricades shall be submitted to and
approved by the Building Department and the Planning Office. All fencing and
barricades shall remain in place throughout the construction process.
12) Amendments. Any SPA or Master Plan amendment or future development
applications submitted by any non-profit user of the Property (Lots 1, 2 and 3)
shall be applied for jointly by all non-profit property owners but need not receive
approval of the owners of Lots 5-10 inclusive. This provision shall supersede any
requirement herein or elsewhere in the Municipal Code or otherwise contained
requiring SPA submittal approval by all property owners within a Specially
Planned Area. Conversely, any SPA Amendment proposed to be submitted by
any residential owner or association thereof (Lots 5-10, inclusive) shall require,
in addition to the consent of the owners of the residential component involved,
the approval of the resident non -profits of the SPA, which approval shall,
however, not be unreasonably withheld.
13) Public Access. Public pedestrian access, excluding access to buildings, will
continue to be allowed at reasonable hours throughout the entire academic (A),
open space (OS), and wildlife preservation (WP) zone district areas of the
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Property, subject to reasonable regulations as may, from time to time, be
established by the owners thereof in order to protect their property, as well as the
academic privacy and serenity of the campus, its programs and the health and
safety of other users and visitors.
14) MAA Parking Lot. The MAA parking lot shall be plowed and kept clear of snow
during all wintertime performances or functions at MAA facilities.
III. MISCELLANEOUS
A. PERIODIC PROJECT REVIEWS
To the extent practical and necessary, every six months following the date hereof until
the construction of all components of the Project is complete, the Consortium shall, if
requested thereby, meet with the City Planning Office for the purpose of informing the
Planning Office as to the progress in developing the Project pursuant to the terms hereof.
If the Planning Office deems it necessary, the Planning Office will report to the Aspen
Planning and Zoning Commission on the outcome of one or more of these meetings.
The Consortium and the City recognize that these meetings, when deemed necessary, are
for purposes of providing progress reports and developing mutually acceptable solutions
to any problems that may be encountered during construction.
B. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS
In the event that the City determines that an individual member of the Consortium is not
acting in substantial compliance with the terms of this Agreement and/or one or more of
the Construction Schedules submitted to the City Engineering Department in accordance
herewith (a "Non -Complying Member"), the City Council may issue and serve upon the
Non -Complying Member a written order specifying the alleged non-compliance and
requiring the Non -Complying Member to remedy the same within such reasonable time
as the City Council may determine. Within twenty days of the receipt of such order, the
Non -Complying Member may file with the City Council either a notice advising the City
Council that it is in compliance or a written petition requesting a hearing to determine
any one or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
(b) Whether a variance, extension of time or amendment to this Agreement should
be granted with respect to any such non-compliance which is determined to exist.
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Upon the receipt of such petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the cease and desist order and in the petition. The
hearing shall be convened and conducted pursuant to the procedures normally established
by the City Council for other hearings or pursuant to such other procedures, formal or
informal, upon which the City and the Non -Complying Member shall agree. If the City
Council determines by the evidence that a non-compliance exists which has not been
remedied, it may issue such orders as may be appropriate; provided, however, no order
terminating any approval granted herein shall be issued without a finding of the City
Council that evidence warrants such action and affording the Non -Complying Member
a reasonable time, not less than thirty days, to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or for which no variance
has been granted may, at the option of the City Council, and upon written notice to the
Non -Complying Member, terminate any of the approvals contained herein which are
reasonably related to the requirement(s) with which there has been such established non-
compliance; however, under no circumstances will a failure to comply on the part of the
Non -Complying Member in respect of any obligations that attend that component of the
Project for which it is responsible, as outlined above, affect the approvals for any of the
remaining components of the Project. The City Council may grant such variances,
extensions of time or amendments to this Agreement as it may deem appropriate under
the circumstances as an alternative disposition of any finding of non-compliance.
In addition to the foregoing, the Consortium or its successors or assigns, or any member
thereof may, on its or their own initiative, petition the City Council for a variance, an
amendment to this Agreement, or an extension of one or more of the time periods
required for performance hereunder, or otherwise. The City Council may grant such
variances, amendments to this Agreement, or extensions of time as it may deem
appropriate under the circumstances; provided in all events that the City Council shall
not unreasonably refuse to extend the time periods for performance indicated in one or
more of the Construction Schedules if the affected member of the Consortium
demonstrates that the reasons for the delay(s) which necessitate such extension(s) are
beyond the control of such member, despite good faith efforts on its part to perform in
a timely manner. Notwithstanding anything in this Section B to the contrary, the
foregoing concerning non-compliance and requests for amendments or extensions shall
not apply in connection with any matter with respect to which the Aspen City Charter
or the Municipal Code has invested original jurisdiction in other boards, such as the
Board of Appeals and Examiners. With respect to such matters the rules of practice and
procedure established for and/or by such boards shall, in the first instance, apply.
Noncompliance with one or more of the Construction Schedules set forth above due to
difficulties with fund raising or other occurrences outside of the control of the non-profit
members of the Consortium shall be examined in any non-compliance hearing before the
City Council and can be a basis for granting a variance from an extension of any of such
schedules.
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C.
GENERAL PROVISIONS
1. Notice. Notices to be given to the parties to this Agreement shall be deemed
given if personally delivered or if deposited in the United States Mail to the
parties by registered or certified mail at the addresses indicated below, or at such
other addresses as may be sustained upon written notice by the parties or their
successors or assigns:
City of Aspen: City Planning Director cc: City Manager
130 South Galena City Attorney
Aspen, Colorado 81611
Lot 1: Aspen Institute
1000 North 3rd Street
Aspen, Colorado 81611
With a Copy To: Gideon Kaufman
Wheeler Square Law Offices
315 East Hyman Avenue
Aspen, Colorado 81611
Lot 2: Music Associates of Aspen
2 Music School Road
Aspen, Colorado 81611
With a Copy To: Alan Schwartz
106 South Mill Street
Aspen, Colorado 81611
Lot 3: Aspen Center for Physics
700 West Gillespie
Aspen, Colorado 81611
With a Copy To: Nick McGrath
600 East Hopkins Avenue
Aspen, Colorado 81611
Lot 4: City of Aspen/City Planning Director
130 South Galena Street
Aspen, Colorado 81611
#;4i�93i C1/-24/92 16:13 R, 4i�().tyi� DF:: 667 PG 773
Silvia Devi-.v F=':itE:in Cnt; Clerk, Dace
Lots 5, 6, 7,
8, 9 and 10 Savanah Limited Partnership
600 East Cooper, Suite #200
Aspen, Colorado 81611
With a Copy To: Robert W. Hughes
Oates, Hughes & Knezevich, P.C.
533 East Hopkins Avenue
Aspen, Colorado 81611
2. Binding Effect. The provisions hereof shall run with and constitute a burden
upon the title to the Property with the exception of Lot 4, thereof, which is not
a part of the Aspen Meadows Specially Planned Area, and shall be binding upon
and shall inure to the benefit of the Owner, each member of the Consortium and
the City and their respective heirs, personal representatives, successors and
assigns.
3. Applicable Law. This Agreement shall be subject to and construed in accordance
with the laws of the State of Colorado and the Municipal Code of the City of
Aspen.
4. Vested Rights. Pursuant to Section 24-6-207 of the Municipal Code, a Vested
Property Right is hereby established for all development activities (including the
siting and massing of building improvements) approved by this Agreement and,
accordingly, for the three year period next succeeding June 10, 1991 no zoning
or land use action by the City, legislative or otherwise, and no citizen initiated
zoning or land use action shall in any manner alter, impair, prevent, diminish or
otherwise delay any development activities or use of the Property approved by
this Agreement, except:
a. with the consent of the owner of the property affected by such action; or
b. upon the discovery of natural or man-made hazards on or in the immediate
vicinity of the property affected by such action, which hazards could not
reasonably have been heretofore discovered, and which hazards, if
uncorrected, would pose a serious threat to the public health, safety and
welfare; or
C. to the extent that compensation is paid as provided in Title 24, Article 68,
C.R.S.
Nothing by the establishment of this Vested Property Right shall exempt the
development activities or use of the Property contemplated in or by this
Agreement from subsequent reviews and approvals which may be required by
39
0937 01/24/92 16:13 Rec 0.00 BK 667 PG 774
Silvia Davis, Pitk:in Cnty Clerk, Doc $.00
other provisions of this Agreement or the general rules, regulations and
ordinances of the City provided that such reviews and approvals are not
inconsistent with the development activities or use of the Property contemplated
in or by this Agreement. Moreover, the establishment of this Vested Property
Right shall not preclude the application of ordinances or regulations which are
general in nature and are applicable to all property subject to land use regulation
by the City including, but not limited to, building, fire, plumbing, electrical and
mechanical codes and in connection with any such development activities or use
of the Property, the owner(s) of the property involved shall abide by any and all
such building, fire, plumbing, electrical and mechanical codes, unless such
owner(s) shall have been granted an exemption therefrom in writing. Nothing by
the establishment of this Vested Property Right shall preclude judicial determina-
tion, based on common law principles, that a vested property right exists with
respect to any development activity or use of the Property approved by this
Agreement, or that any subsequently enacted or citizen initiated zoning or land
use action has resulted in a compensable taking of all or some portion of the
Property. In the event of a final determination by the Aspen City Council of a
noncompliance with the terms of this Agreement by any Consortium Member,
then so much of the Vested Property Right hereby established as relates to that
component of the Project for which the Non -Complying Member is responsible,
as set forth above, shall from then and thereafter no longer exist; provided that
if such determination is ever judicially invalidated then the Vested Property Right
formerly extinguished shall, ipso facto, thereupon be revived nunc pro tunc to the
time of the City Council's determination of non-compliance.
5. Expiration of Development Allotment. The development activity contemplated
in Subsection G of Section II of this Agreement shall be eligible for exemption
from expiration under the provisions of Section 24-8-108 of the Municipal Code,
notwithstanding that a building permit is not sooner obtained in respect of such
development activity, if on or before three years next succeeding the effective
date hereof application for such exemption is made by the owner(s) of any of Lots
7, 8, 9 or 10 and by the time of such application for exemption any conditions
set forth in this Agreement relative to the development activities contemplated in
Subsection G of Section II, which were to have been met by the time of such
application have, in fact, been met, and all contemplated utilities have been
installed to the lot lines of Lots 7, 8, 9, and 10 and the work and activities
contemplated by Subsection D2 of Section I of this Agreement have been
completed.
6. Severability. If any of the provisions of this Agreement or any paragraph,
sentence, clause, phrase, word or section or the application thereof in any
circumstances is validated, such provision, paragraph, sentence, clause, phrase,
word or section shall be severed from the Agreement and the remainder shall
remain in full force and effect.
40
W '3 r 01 /^4/9^ 16.13 Rec $4 00 BF' 667 PGA 775
ai ✓i. a Davis, Pitk:i.n Cnty Cler-r::, Doc $.l?(-)
7. Incorporation of Recitals and Written Submittals. The City and the Owner hereby
stipulate and agree that the recitals preceding this Agreement, and all of the
written submittals (as amended and presently effective) made by Owner to City
throughout the course of the Aspen Meadows SPA approval process, shall be
deemed to be part of this Agreement and to be incorporated herein by this
reference. The City will, upon request from interested parties, including
prospective purchasers and lenders, and within a reasonable period of time
following such request, issue appropriate written certification as to the compli-
ance, or lack thereof, of any component of the Project with such recitals and
written submittals.
8. Entire Agreement: Amendment. This Agreement contains the entire understand-
ing and agreement between the parties herein with respect �to the transactions
contemplated hereunder and may be altered or amended from time to time only
by written instrument executed by each of the parties hereto.
9. Acceptance of SPA Final Development Plan: Ratification by Owner. Upon
execution of this Agreement by all parties hereto, the City agrees to approve and
execute the SPA Final Development Plan and Subdivision Plat for the Aspen
Meadows, and to accept the same for recordation in the Recording Office of
Pitkin County, Colorado, upon payment of the recordation fee and costs to the
City by Owner. For its part, Owner hereby ratifies and confirms each and every
representation set forth in the Plan, and made in the course of submittals and
hearings (as amended and presently effective), upon which approvals granted may
have been based.
10. Reasonableness. In all dealings with one another under, and in connection with
all determinations or interpretations that are to be made pursuant to this
Agreement, the parties hereto, their agents, employees, designees and affiliates,
and any third parties called upon to make any determination pursuant to the
provisions of this Agreement, shall conduct themselves reasonably, fairly and in
good faith.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above -written.
THE CITY OF ASPEN, COLORADO, a
ATTEST: municipal corporation
Katfiryd ch, City Clerk
p7
By: 1. , -,.✓"D
Johl Bennett, Mayor
(Signatures Continued on Page Following)
41
:409-3 i!1 /2'4/9^ 16: 13 R e c 00- c_lci EsF.:: 667 PG 776
Silvia Davis, F'itl::i.n Cnty Cler•f-::, Doc_,ilt_l
STATE OF COLORADO
ss.
COUNTY OF PITKIN
SAVANA_H LIMITED PARTNERSHIP, a
tri Disct—o(ColumWia)limited partnership
By
THE BEN INSTITUTE
By: f
MUSIC ASSOCIATES OF ASPEN
ASPEN CENTER FOR PHYSICS
17
The foregoing instrument was acknowledged before me this �_ day of
:4 A Nu Al 9 1992.r by �)H A (: V tq-4-A l i ^I as
A7-TU g hlgJ IN FQG T for SAVANA41 LIMITED PARTNERSHIP, a District
of Columbia united partnership.
p I(SEAl_)
WITNESS my hand and official seal.
My commission expires: �7
(Notarial clauses
42
#34093 7 01 / y4/92 16: 1.7 Rec $400. ()o Ejf: 667 PCB 777
Silvia Davis, Pitkin Cnty Clerk:, Doc. $.(-)(-)
STATE OF COLORADO )
Ss.
COUNTY OF PITKIN )
The foregoing instrument s acknowldd� foe me is_� day of
�I U 199T,.by� V I i AJ L. - 1-as
fog' THE PEN INTE.
WITNESS my hand and official Pal
T ; My commission expires:C.
�o
ST,A.fk OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowlede or-e-me this day of
U 1991, by Zo (►� �" �} IZ as
for MUSI ECSSOCIW-ASPEN.
WITNESS my hand and offici
My commission expires:
Lid.
STA't4LOV. COLORADO )
,-fill, ) Ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledted befog met is day of
p N U !41`� , 199y,, by ��q T a A l'l f -FW} as
PE N ER FOR PHYSICS.
WITNESS my hand and official Pal
My commission expires:
(SEAL)
saran hlemtr�ispmeado.agt
43
09.3 01 /2 4/9^ 16: 1'3 Fier_ 00 Bi :: 667 F'C 776
Silvia Davis, F'itl::in Cnty Clerk:, Doc:_
APPENDIX
PAGE NO. EXHIBIT
1
A
6
B
8
C
33
D
34 E
"LIST OF EXHIBITS"
DESCRIPTION
Legal Description of Property
Traffic Mitigation
Utility Cost Estimates
Deed Restrictions for Single -Family Sites
Energy Conservation and Efficiency Measures
34 F Appropriate Technology Associates Letter
34 G MAA Rehearsal/Performance Hall Energy Conservation
Description
35 H Design Workshop March 21, 1991, Re -Vegetation Letter
savanah\mist\appendix.01
44
#34()93 7 C)1 /2"4/92` 16. 1.3
Silvia Davis, Pi.tk:in Ci
EXHIBIT "A"
$4(-)(--), C)C) Ecf::; 667 F'G 779
C1.erI-::, Doc $.(:)o
The Aspen Meadows
LI?GAL DESCRIPTION
A tract of land located within portions of the North 1/2 of Section 12, and the South 1/2 Section
1, Township 10 South, Range 85 West of the 61h Principle Meridian, Pitkin County, State of
Colorado being more particularly described as follows:
Beginning at the center north 1/16 corner of said Section 12, described as such on the "Plat of
the Aspen Meadows Subdivision Exception" and being a found in place 3/8 x 1 inch steel bar.
Thence N R4" 14' 00" W, along the north line of Ben Deane Lot Split Subdivision and Castle
Creek Subdivision, 797.62 feet to the easterly line of Red Butte Cemetery; Thence along the
easterly boundary of said Red Butte Cemetery, the following nine (9) courses:
1) N 17" 40' 15" E, 84.75 feet;
2) Thence N 13' 01' 35" W, 65.00 feet;
3) Thence N I V 33' 10" E, 96.62 fee(;
4) Thence N 1' 50' 20" E, 114.04 feet;
5) Thence N 14" 30' 25" W, 64.31 feet;
6) Thence N 4" 08' 30" W, 286.13 feet;
7) Thence N 21' 28' 50" W, 171.56 feet;
8) Thence N 16' 21' 15" E, 305.82 feet;
�)) Thence N 1" 02' 20" W, 33.38 feet;
'Thence N 88' 35' 15" E, 392.52 feet; 'Thence N 5" 30' 00" E, 38.99 feet;
Thcnce N 7" 06' 18" W, 14.77 feet to the southeast corner of IA)t 10, Black Birch Estates.
Thence along the easterly boundary of said Black Birch Estates, the following four (4) courses:
1) N 29" 54' 00" W, 199.72 feet;
2) Thcnce N 14' 17' 00" W, 119.61 feel;
3) Thence N 15' 03' 00" E, 94.24 feet;
4) Thence N 52' 19' 00" E, 57.19 feet to the center line intersection of the Roaring Fork
River and Castle Creek;
Thence southeasterly approximately 3000 feet along the centerline of the Roaring Fork River,
being described by the following seventeen (17) courses for the purpose of acreage calcc(lations
only, and is not intended for the establishment of boundary lines:
1)
Thence S 40" 10' 12"
E, 126.35 feet;
2)
Thence S 64' 18' 32"
E, 131.96 feet;
3)
Thence S 82" 09' 52"
E, 384.76 feet;
4)
Thence S 50' 54' 59"
E, 92.62 feet;
5)
Thence S 17' 30' 46"
E, 203.65 feet;
6)
Thence S 19' 45' 08"
W, 250.14 feet;
7)
Thence S 10' 22' 00"
W, 192.51 feet;
ti)
Thence S 44' 55' 01"
E, 119.52 feet;
9)
Thence S 82' 30' 46"
E, 209.67 feet;
10)
Thence N 76' 46' 08"
E, 141.40 feet;
11)
Thence S 84" 08' 11"
E, 120.42 feet;
12)
Thence S 51' I V 12"
E, 217.42 fee(;
13)
Thence S 70" 55' 07"
E, 239.71 feet;
14)
Thence S 35' 54' 38"
E, 162.80 feet;
15)
Thence S 9" 06' 17" W, 129.26 feet;
16)
Thence S 41" 26' 27"
E, 115.37 feet;
17)
Thence S 76" 13' 42"
E, 10
2.93 feet to a point on the westerly boundary line of Lot lA
Second Aspen Company Subdivision;
#. 937 cj1/2'4/9^ 16: 1-3 Rec $4C?c_t. oc) Bl::: 667 PG 780
Silvia D�-�vi.��, Pi.t._k:in CntY C1.er•k„ Dcc- )$.f_)(_)
Thence along the westerly boundary of said Second Aspen Company Subdivision, the following
two (2) courses:
1) S 0" 27' 00" E, 470.00 feet;
2) Thence S 16" 35' 00" E, 723.96 feet to a point along the north right-of-wny of Gillespie
Avenue;
Thence N 99" 58' 15" W along the north right-of-way of said Gillespie Avenue, 869.13 feet to
the west right-of-way of Sixth Street; Thence along the west right -cif --way of said Sixth Street
S W 12' 00" E, 199.71 feet to a point along the north right-of-way of North Street; Thence along
site north right-of-way of said North Street N 75" 12' (H)" W, 269.67 feet; Thence S 14" 47' 30"
W, 91 66 feet to a point on the Aspen Township Line 5-6; Thence N 65" 30' (H)" W along said
Ashen Township Line, 488.80 feet to a point along the east right-of-way of the original Meadows
Reed; Thence along said east right-of-wny of said Meadows Road the following five (5) courses:
1) N 0" 54' 00" W, 400.71 feet;
2) Thence N 65" 21' 00" W, 6.72 feet;
3) Thence N 0" 54' 00" W, 19.12 feet;
4) Thence along the arc of a curve to the right, having a radius of 1403.09 feet, a central
angle of 8" 33' 12" for an arc length of 209.46 feet, and whose chord hears
N 3" 22' 36" E, 209.26 feet;
5) Thence N 7" 39' 12" E, 296.47 feet;
Thence N 84" 14' 00" W, 84.21 feet to the True Point of Beginning and containing 84.536
acres more or less.
#340937 ot/24/92 16:13 : $400-00 BK 667 PG 781
Davis pitkin Cntv Clerk. IOC. $-0(--)
EXHIBIT "B"
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
February, 1991
#340937 01/274/9^ 16: 13 fiE?C 4irir.irir ELF::. 667 F'c 782
Silvia Davis, F'i.tl::i.n Cnty C1er-1=:, DoC.�rc;
THE ASPEN MEADOWS
TRAFFIC MITIGATION PLAN
This plan has been prepared by the following individuals:
Committee Members:
King Woodward, The Aspen Institute
Kim Johnson, Aspen/Pitkin County Planning Office
Dan Blankenship, Roaring Fork Transit Agency
George Vicenzi, West End Resident
Robert Harth, Ed Sweeney, Music Associates of Aspen
Don Swales, West End Resident
Roger Hunt, Aspen Planning and Zoning Commission and West End Resident
Perry Harvey, R.J. Gallagher, Hadid Aspen Holdings, Inc.
Bob Felsburg, Felsburg Holt & Ullevig
Other Particiyants:
John Goodwin, Aspen Police Chief
Chuck Roth, Aspen Public Works Department
Jan Collins, West End Resident
Amy Margerum, Aspen/Pitkin County Planning Office
#34093 7 01 /24/92 16: 13 Rec $400. t= 0 Fik:: 667 F'G 793
Silvia Davis, F'itk:in Cnty Clerk, Doc $.C)C)
I. Introduction
During the late summer of 1989 the City of Aspen began the preparation of a Master Plan
for the Aspen Meadows property. This plan, completed in January 1990, was formulated
within the framework of four goals. Two of the goals, which are directly related to the
traffic and transportation aspects of the plan, were stated as follows:
Goal 3: Mitigate, to the maximum extent feasible, the effects of the devel-
opment on neighboring properties.
Goal 4: Mitigate, to the maximum extent feasible, the project's impacts on
the overall community.
From a transportation standpoint, the Master Plan included a number of physical elements
in the site plan which were directed at achieving these goals. These included creating a
new primary access point to the West Meadows via Seventh Street, constructing a new trail
system linking both the East Meadows and the West Meadows to the City's trail system,
and improving the MAA parking lots to better serve automobiles and transit interface.
However, the Master Plan went even further and identified a number of mitigation
measures, many of which are operational in nature, which should be explored. These
included such measures as controls on delivery vehicles; plans for smaller, non -diesel
transit vehicles; shuttle service to/from the Meadows; parking controls; and emphasis on
pedestrian and bicycle access.
To respond to this concern, in October 1990 the Consortium formed a committee to
further evaluate mitigation measures and to develop a traffic mitigation plan for the Aspen
Meadows project. This committee was comprised of representatives of the owners and
users of the property, West End residents, the manager of the Roaring Fork Transit
Agency (RFTA), representatives of the Aspen/Pitkin County Planning Office, a member
of the Aspen Planning and Zoning Commission, and a professional transportation consul-
tant. The committee held seven meetings between October 30, 1990 and February 5, 1991
to discuss mitigation measures and to prepare this plan. In addition to committee mem-
bers, other residents and City employees participated in these meetings.
Early in the process, the committee formulated the following goal statement which
directed the committee's efforts:
"To develop mitigation measures for the Aspen Meadows facilities to reduce
automobile use and it's impact on the West End neighborhood and the community
at large, and to make the Meadows facilities more accessible to residents and guests
in environmentally sound ways."
The resulting plan has been developed in two components. Because the characteristics
associated with the lodge, restaurant, and health club facilities on the western portion of
the property differ significantly from those of the MAA facilities on the eastern portion,
the mitigation measures appropriate to each portion also differ. Therefore, the following
sections provide a series of mitigation measures for each of the areas of the property.
With each measure are provided a brief description of the action, the suggested phasing
for implementation of the measure, and identification of the responsible party.
#34093; 01/24/92 16: _ Rec �4ixj, iuj Ftl;. 667 PG 784
Silvia Davies, Pit.k:in Cnty Clerk, Doc- $.(-)(")
In developing and implementing this or any mitigation plan, it is important to understand
that the plan must be evolutionary. While the goal of the plan must remain steadfast, the
mitigation measures and the details of their implementation must be flexible, requiring
monitoring and fine tuning over the years. It is recommended that the City undertake a
program to review the effectiveness of the mitigation measures on a regular basis and to
work with the Consortium to modify the details of the measures to ensure effective, yet
efficient, implementation.
#34093; 01 /^4•/92 16: 13 .._c $400. c.)c) Pk" 667 PG 765
Silvia Davis, Pitt --.in Cnty Clerk:, Doc $.(-)(')
II. Mitigation Plan for West Meadows Facilities
A. Background
Currently, the residential units on the western portion of the Aspen Meadows
property include 60 lodge units and eight townhouses. The conceptual SPA
approval included the addition of four single family residences, ten new three -
bedroom townhomes, and 50 lodge units. The purpose of these additional facilities
is primarily to better serve the group activities sponsored by the members of the
Consortium. During the summer months, use will be almost exclusively by these
groups. During the winter season, it is anticipated that the lodge may be operated
for public use. Furthermore, the restaurant will be renovated, but will not be
expanded. Finally, the health club, used primarily by guests of the West Meadows,
will be enlarged slightly.
In developing the mitigation plan, the committee considered measures that ad-
dressed each of the primary user groups of the West Meadows facilities: guests,
employees, and users of the restaurant or health club who are not staying on the
grounds.
Furthermore, a mitigation plan usually includes auto disincentives and incentives
to use other modes of transportation. Auto disincentives are restrictive measures
that discourage individuals from using their automobiles. The second element is
comprised of measures that make it attractive and convenient to use alternatives to
the automobile. As will be highlighted by the list of measures described in the
following section, this mitigation plan includes a wide range of both auto
disincentives and alternative mode incentives.
How effective will this plan be? While it is very difficult to project exactly how
much trip reduction will occur as a result of this plan, the committee believes that
it has the potential to significantly mitigate the effects of additional traffic due to
the new development. The following table presents a summary of trip generation
which might be expected from the West Meadows based on trip rates typical of the
Aspen area if no specific mitigation program is implemented. As shown, the
existing residential and restaurant facilities could generate about 750 vehicle trips
per day. The proposed additional residential units could generate another 340 trips
per day, bringing the total trip estimate to nearly 1,100 vehicles per day. Thus, a
30 percent trip reduction would result in total traffic generation with the expanded
facilities equal to that which could be generated by the existing facilities without a
mitigation plan. Because of the nature of the users of the West Meadows and the
broad -based character of the mitigation plan, it is believed that, when properly
implemented, the proposed plan will achieve these results.
400 . c ii; DF::. 667 F -C, 7e6
Silvia Davis, Pit.E::in Cnty Clerk:, Doc
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04093; 01/24/92 16: 13 Re 40C' I '.' 667 F'C3 7e7
Silvia Davis;, Pitk:in Cnty C.l.er!... Doc $,i�i)
B. Elements of Mitigation Plan
The following elements of a traffic mitigation plan directed at West Meadows
related traffic have been identified.
1. Airport Van Service
Description: A free van service to and from the airport will be provided
for guests and residents of the West Meadows. Because it is antici-
pated that most of the guest visits will be prearranged, the lodge
will dispatch the van (a vehicle with an approximate capacity of
12 -16 passengers) to pick up guests based on their flight schedule.
Similarly, departures will also be able to be prearranged. All guests
will be encouraged to use this convenient, yet efficient, service.
Phasing: This service will be initiated upon opening of the renovated
lodge.
Responsible Party: Lodge operator through agreement with Aspen
Institute.
2. Van Service to/from Town
Description: A free van service will be operated between the West
Meadows and downtown Aspen. This service will be available to all
guests, residents, and employees of the West Meadows, including
users of the restaurant, tennis courts, and health center. The ser-
vice will utilize a relatively small vehicle, seating approximately 12-
16 passengers. The service will be a regularly scheduled service
with frequent headways. During the high season, this route will run
from early morning to late evening on one-half hour headways.
The schedule will be adjusted for applicability to each season, and
may be provided on an "on demand" basis during certain seasons.
Phasing: The basic service described above will be initiated with the
opening of the renovated lodge. Its usage will be monitored, and
the service will be adjusted as necessary to meet the demand of the
patrons.
Responsible Party: Lodge operator through agreement with Aspen
Institute.
3. Chartered Vehicles for Group Activities
Description: When appropriate, group activities either leaving or coming to
the West Meadows will be served by chartered vehicles arranged by
the management of the West Meadows. By providing this service,
management will be better able to control the number and/or size of
vehicles serving the participants in such activities. Furthermore,
encouragement of the use of this service will discourage the use of
private automobiles by participants.
340937 01/24/9 16:13 Fie` 00-00 E4::' 667 F..G 799
Silvia Dcavi ,, Pitl::in Cnty Clerl::, Doc: $.(')(;)
Phasine: This service will be provided with the first organized groups
using the West Meadows.
Responsible Party: Lodge operator.
4. Guest Parking
Description: No parking for the lodge units will be provided adjacent to the
units. Instead, parking for these units will be located in a parking
structure under the tennis courts. Thus, even if guests bring vehi-
cles to the campus, their vehicles will not be immediately available
to them. Furthermore, guests will need to walk past the van service
in order to get to their vehicles. It is hoped that this concept will
encourage guests to use the van service rather than their private
automobiles.
Phasine: See construction schedule.
Responsible Party: Aspen Institute
Trail System
Description: Site planning has provided for on -campus trails that connect
to the extensive city-wide pedestrian and bike trail system adjacent
to the Meadows property. Thus, the Meadows trail system has been
designed to complement the City's efforts in developing pedestrian
and bicycle trails, thus encouraging guests of the Meadows to use
these modes of transportation.
Phasine: The on -site trail systems will be phased through the City's trail
construction program.
Responsible Party: City and the Consortium.
Bicycle Facilities
Description: Bicycles will be made available for use by guests of the lodge
at a minimal fee designed to cover maintenance, replacement, and
administrative costs. Furthermore, bicycle racks will be provided at
those facilities which may be used by persons not lodged at the West
Meadows (for example, at the health center and at the tennis
courts).
Phasing: It is expected that this program will begin with 25-30 bicycles
available. The program will be monitored and the supply of bicy-
cles will be increased accordingly.
Responsible Party: Lodge operator.
-34C)93 7 Cil /24/ 927' 16. 13 Rec .Y4C)C). C?C) BF:: 667 F,G 769
Silvia Davis, Pitk:in Cnty Cler-k:, Doc $.C)C)
7. Promotional Materials
Description: All promotional materials for the West Meadows lodge will
emphasize the availability of the van service, will encourage walk-
ing and bicycle use, and will discourage the need for personal
automobiles. The focus of this mitigation measure is to precondi-
tion the guest so that he or she chooses not to even rent a car upon
arrival in Aspen.
Phasine: This message will be included in all promotional materials
published for the renovated lodge.
Responsible Party: Lodge operator and Aspen Institute.
8. Employee Parking
Description: Limited employee parking will be provided on -site. This
parking will be available only for employees for whom vehicles are
essential for the execution of their jobs and for employee carpools
of 3 or more persons. A ride matching service will be available
through management to encourage the formation of carpools.
Furthermore, employees will be provided with their choice of
subsidized transit passes or subsidized parking at the Rio Grande
parking garage. A shuttle service will be provided for employees
from the Rio Grande garage either in conjunction with the regular-
ly scheduled van service to Town or as a separate operation.
Phasine: This measure will be implemented with the opening of the
renovated lodge.
Responsible Party: Lodge operator and Aspen Institute.
9. Coordination with Potential Rail Service
Description: If passenger -rail service does materialize on the Rio Grande
right-of-way, a transit stop will be encouraged in a location which
would allow access to the Meadows via the pedestrian bridge on the
Roaring Fork River.
Phasing: To be implemented with the initiation of rail service.
Responsible Party: Applicant and Rail Service Operator
34'i937 (�1/24/92 16: 13 Rec 00-00 Elk" 667 PG- 790
5il.via Davis, Pitk:in Cnty Clergy:, Doc
10. Delivery Truck Restrictions
Description: Because of the expected infrequency of large vehicle deliveries
to the West Meadows property (approximately 4 to 5 per day), it is
recommended that truck restrictions be focused on time of day and
route restrictions. It is recommended that deliveries will be limited
to the hours of 9:00 - 11:00 A.M. and 2:00 - 4:00 P.M. Thus, the
noise impacts of delivery vehicles will not occur during the most
sensitive time periods. Furthermore, all deliveries to the West
Meadows will be restricted to use of Seventh Street onlv between
the Meadows and SH 82. These restrictions will be implemented
through operator agreements.
Phasine: The time of day and route restrictions will be implemented upon
opening of the renovated lodge.
Responsible Party: Lodge operator and Aspen Institute.
E.
#7409-7 01 /224/9- 1.6- 13 hec $400. 00 M::* 667 PG 791
S i 1. i. a D a v i. s, P i t k: i. n C n t y C l e r- l< , Doc::
III. Mitigation Plan for MAA Facilities
A. Background
The MAA facilities, located on the eastern portion of the property, will include
rearranged seating in the tent and a new rehearsal facility to accommodate rehears-
als and small performances. It is important to note that the modifications to the
performance tent will not increase the size of the audiences; they will simply
improve the seating conditions for the audiences.
Although there are students and faculty associated with traffic related to the MAA
facilities, the majority of concerns expressed by neighbors are related to the
impacts created by concert -goers. Therefore, most of the mitigation measures
included in this plan are focused on these users. Principally, these measures are
directed at encouraging concert -goers to walk, bike, or ride the transit system
rather than driving their automobiles to the concert.
This part of the plan particularly will be evolutionary in nature. Efforts to reduce
auto use have already been undertaken in recent years by the MAA in conjunction
with West End residents. The elements discussed in the following section are a
further expansion of these earlier efforts. As the program is implemented and
evaluated, it is expected that even further refinements will be appropriate.
B. Elements of Mitigation Plan
In developing a mitigation plan to address MAA traffic, the program focuses on
several measures.
1. Promotional Materials
Description: Promotional materials (including maps distributed by MAA
will encourage use of transit, bicycles, or walkways to access the
concert site.
Phasine: These efforts have already been initiated and will be continued.
Responsible Party: MAA
2. Pedestrian/Bicycle Ways
Description: An enhanced system of routes exclusively designated for use
by pedestrians and bicyclists to access the concert area will be
implemented. This system will include:
o Continued designation of the Lake Avenue
pedestrian/bicycle way.
9
#340931 01/^4/9? 16.13 R'i 64O0 C)C) Eel:: 667 PG 792
Silvis. Davis, F:itk:in Cnty C.ler•k, Dec $.00>
Fourth Street will be closed to automobile traffic from
Gillespie Street to Main Street for approximately one hour
before and one hour after major concerts. Prior to concerts,
the street will be for pedestrian/bicycle use only. After the
concerts, it will used for pedestrian/bicycle traffic and for
buses leaving the MAA grounds. Allowing buses to use this
route after concerts will separate the buses from automobile
traffic, thereby decreasing the delay experienced by the
buses and thus providing an incentive for using the transit
service. This closure will include barricades and appropriate
signing at both ends of Fourth Street and will require tem-
porary warning signs at each cross street to ensure the safety
of pedestrians and bicyclists. Furthermore, the proposed
design of the MAA parking lot provides for a continuation
of the pedestrianway from Fourth Street to the music tent.
o Facilities for bicycle storage during concerts will be pro-
vided in the vicinity of the tent.
Implementation: It is anticipated that the Fourth Street closure will be
implemented during the next concert season. The bicycle storage
facilities will be provided with the improvements to the MAA
parking lot.
Responsible Party: MAA and City.
3. Enhanced Transit Service
Description: Transit service to the MAA grounds will continue to be improved and
emphasized. This includes elements affecting the city-wide system,
circulation through the neighborhood, and on -site operation:
All city-wide RFTA bus routes serving the West End, as well as the
special MAA bus runs, will continue to provide service. Enhanced
signing and bus service information will be provided at the Rio
Grande parking garage to direct patrons to the bus stop on Main
Street.
o Prior to a scheduled concert, large buses (unless carrying a greater
number of passengers than can be accommodated by the circulating
shuttle or during inclement weather) will unload all passengers at
the intersection of Fourth/Main. Concert goers will then be en-
couraged to walk on Fourth Street to the tent or to use the smaller
vehicle shuttle which will be circulating on Main, Fifth, Gillespie,
and Third Streets. This vehicle will be a compressed natural gas
powered vehicle and will operate for approximately one-half to one
hour before the concert.
Following concerts, buses will stand by on Fourth Street or at the
transit stop in the parking lot to transport concert goers back to the
center of town.
10
1.0937 01/24/922 16: 13 Rec Bl::: 667 PG 793
Silvia Davis, Pitk:in Crity Clerk, Doc
o The MAA parking lot has been designed to provide a location for
buses to load and unload passengers while removed from Gillespie
Street. This location is on the south end of the parking lot and
would allow good clockwise circulation of the buses from Fifth
Street into the parking lot and back out onto the street system at
Fourth and Gillespie.
Phasine: It is anticipated that this improved transit service will be provided during
the next concert season. The program will be monitored and the service
will be adjusted accordingly.
Responsible Party: The transit service will be the responsibility of RFTA. The
transit improvements in the parking lot will be the responsibility of the
MAA.
4. Truck Restrictions
Description: Although the number of large vehicle deliveries to the MAA facilities
is very limited, it is recommended that all such vehicles will be restricted to
using Third Street only between the MAA grounds and Main Street. MAA
will enforce this limitation with their vehicle drivers.
Phasine: These restrictions will be implemented during the next concert season.
Responsible Party: MAA
5. Residential Parking Permit Program
Description: A residential parking permit program is still under consideration.
This program would prohibit all parking on streets from Mill Street to
Eighth Street and from Main Street to the Roaring Fork River other than
for residents or their guests during the concert season. The MAA would
institute paid parking in their lots in connection with this plan. Permit
parking may require issuance of vehicle stickers for a fee, installation of
appropriate signage, and City enforcement.
Phasine: It is recommended that the residential parking permit program be
instituted after the effectiveness of the remainder of the mitigation plan
has been evaluated. Because of the significant impacts of such a program
on the residents of the West End, further input from the residents should
be incorporated into an implementation plan for this program.
Responsible Party: MAA, City and West End residents.
11
#34i?937 01 /y4/92 16: 13 F;ec Df::. 667 PG 794
Silvia Davis, Pit:k:in Cnty Clerk:, Doc.c"?c>
EXHIBIT C
ASPEN MEADOWS SUBDIVISION/S.P.A.
ESTIMATE OF PROBABLE CONSTRUCTION COSTS
December 5, 1991
This estimate of probable construction costs Is based on preliminary design and
represents Leonard Rice Consulting Water Engineers best professional judgement.
It does not, however, constitute a warranty or representation that actual bids
will not vary from this estimate no matter how carefully prepared.
' '----------'
I Water ; Sanitary I Gas Electric ;Telephone I Cable TV ;
i
Mains I Sewer I Lines I Lines I Lines I I
---'____-----' ---------- I--- ------ :-------- I ---------- I
----------I
LOT 1 - PH I • I $133,000 1 $168,00o I $40,000 I $95,000 I $10,000 I $10,000 I
------ '-------'------ ---' ---------'
I LOT 1 - PH It ' I $67,000 I $131,000 I $17,000 I $35.000 I $10,000 I $10,D00 I
------- ------'---------
LOT 2 I PH II I PH II I PH II I PH It I PH II I PH II I
—'----------'------- —'
I------------- r-------- r--------, --- -------- ,
LOT 3 ; N/A $123,000 N/A I N/A I N/A ; N/A I
'---------- '---------- '---------- ' ---------I
' LOT 4 I N/A I N/A I N/A I N/A I N/A I N/A I
LOT 5 I PH 1 I $30,000 I PH I I PH I I PH I I PH I I
-- '---------;---------- I— -------- I---------- I ----------I
LOT 6 I PH 1 $38,000 I PH I PH I PH I I PH 1 I
LOT 7 - 10 I $43,000 I $40,000 ; $6,000 I $12,000 I $5,000 I $5,000
--'----------'----- '----- ----'
CASTLE CR. LINE 1 N/A ; $230,CDO I N/A ; N/A I N/A I N/A I
TOTAL 1 $243,DDO i $780,000 1 $63,D00 I $142,000 I $25,ODO 1 $25,000 I
PH 1 - Infrastructure Installation generally defined as west of the existing
16" water line.
PH II - Infrastructure Installation generally defined as east of the existing
16" water line.
OAM HUGHES & KNEZF7CH PC
Third Floor, Aspen Plaza Building
533 East Hopkins
Aspen, Colorado 81611
#34093 7 01/24/92 16.13 - r._ $400. 00 Bl:: 667 PG 795
Silvia Davis, Pitkin C Clerk:, Doc_ $.(')c'r
EXHIBIT "D"
EMPLOYEE HOUSING DEDICATION
THIS DEDICATION, is made and entered into as of the day of
, 199_, by
("Owner"), with reference to the following:
WITNESSETH:
WHEREAS, Owner is the record owner of the following described real
property (the "Property"), to wit:
Lot , The Aspen Meadows Subdivision, according to the
Aspen Meadows Final S.P.A. Development Plan and Final
Subdivision Plat recorded in Book at Page of the
Pitkin County, Colorado real property records
WHEREAS, pursuant to the provisions of the Development and Subdivision
Agreement "The Aspen Meadows" Specially Planned Area recorded in Book at Pages
et seq. of the Pitkin County, Colorado real property records, ("Development
Agreement") Owner is required at this time to dedicate the Property to specific employee
housing restrictions and guidelines; and
WHEREAS, Owner desires by this instrument to effect such dedication
upon and with respect to the Property.
NOW, THEREFORE, pursuant to and as required by the terms of the
Development Agreement, Owner hereby declares, covenants and agrees that:
1. The accessory dwelling unit ("Unit") that is situate on the Property
shall be and hereby is restricted in terms of use, occupancy, and
rental exclusively to low income employee housing use, occupancy,
and rental guidelines and qualifications that may, from time to time,
be in effect, duly adopted, and regularly and uniformly applied by
the City of Aspen or its duly constituted employee housing designee
("Housing Authority"). The Unit shall not be condom iniumized.
34s )93 7 C)1 / ^4/9? 16: 13 f;ec . 4C)C). C )C i PV:. 667 PG 796
Silvia Davis, Pitkin Crity Cler•I::, Doc $.(")i)
2. The Owner of the Property shall be responsible for leasing the Unit
to qualified residents of Pitkin County as determined by the City or,
as the case may be, the Housing Authority. Verification of
employment and income levels for the individual(s) who occupy the
unit shall be completed and filed with the City or the Housing
Authority prior to the inception of any tenancy or occupancy. The
Owner of the Property shall have the right to select tenants for the
Unit provided that, in all cases, such tenants shall be qualified in
terms of employment and income level as set forth above. Except
for normal hiatuses arising in the ordinary course from the
termination of one tenancy and the inception of a new tenancy, the
Unit shall at all times be used and occupied for employee housing
purposes, as set forth above. Should the Owner of the Property fail
to maintain the Unit so occupied, the City or the Housing Authority
shall have the right to propose to the Owner of the Property a list
of eligible tenants therefor, from which list the Owner shall be
obligated to select a tenant(s) for the Unit within thirty (30) days.
All leases or occupancy agreements for the Unit shall, at a
minimum, be in writing, shall be approved in advance by the City
or Housing Authority, shall be for a term no less than six (6)
months, and shall adhere to and abide by the employment, income
levels and employee housing guidelines set forth above.
3. The dedication and covenants contained herein shall be deemed a
burden upon and to run with the title to the Property, shall be
binding upon the Owner and its successors and assigns, and upon all
other persons or entities having any right, title or interest in or to
the Property, or any part thereof, and shall inure to the benefit of
and be specifically enforceable by the City of Aspen or the Housing
Authority by any appropriate legal action, including injunction,
abatement or eviction of non -complying tenancies.
4. Neither this dedication nor any of the covenants contained herein
shall be modified, released or waived in any respect except by
written instrument executed by both the Owner, at any time, of the
Property and the City of Aspen, Colorado, and duly recorded in the
Pitkin County, Colorado real property records.
2
#340937 01/2'4/92 16: 1.3 F1'ec Elk' 667 RG 797
Silvia Il=•.vi, ., FitE::in Cnty Cl.erl::, Doc $.0()
IN WITNESS WHEREOF, Owner has made this Dedication as of the day
and year first above -written.
OWNER:
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
199_, by
WITNESS my hand and official seal.
My commission expires:
(SEAL)
Notary Public
Approved as to form and content:
THE ASPEN PITKIN COUNTY HOUSING AUTHORITY
LIN
savanaMdocs\dedicate.02
3
day of
#k34093 i 01 /2) 4/9^ 16: 13 Rec $400. 00 Bf::: 667 PG 798
Silvia Davis, Pitk:in Cnty Clerk, Doc $.Oc)
EXHIBIT "E"
Energy Conservation and Efficiency Measures
The applicant is committed to energy -efficient building design and construction standards beyond
those required by the Building Code. The applicant's commitments for the residential projects
are as follows:
(1) Insulation:
Thermal resistance values of the building envelopes will exceed criteria mandated
by the Energy Code Amendment to the Uniform Building Code. Exterior surfaces of all heated
spaces will conform to the following minimum specifications:
• Walls: R-26
• Roof: R-38
• Floors (over unheated spaces): R-19
The greatest opportunity for energy conservation occurs in the types of materials
specified in the construction of the building envelope. An infiltration barrier wrap such as
"Tyvek" will be installed around the entire building exterior which will significantly reduce
infiltration. All penetrations of the wrap will be carefully caulked and sealed to fin-ther enhance
the effectiveness of the barrier. High quality windows and doors with state-of-the-art closures
and gasketing methods will be specified throughout.
In addition to the exterior barrier wrap and internal bat/rigid insulation, an interior
vapor barrier will be provided. This vinyl vapor barrier will not only further decrease infiltration
34C�93? C I/24/9^ ib: ].3 Re 4C)( .Q FW:* 667 F - 799
Silvia Davis Pitk:in Cnty Cler•I_:, Doc
but will tend to hold interior humidity levels at least 10 to 15 percent higher than exterior levels
resulting in a greater degree of occupant comfort at lower room temperatures. All penetrations
of the vinyl vapor barrier at windows, doors, wall switches and outlets will be sealed. With the
individual units sealed and insulated, an air-to-air heat exchanger will be used to control the
indoor air environment while significantly reducing energy losses. Expandable foam insulation
will be utilized at all exterior door and window frames to cut down on air infiltration in these
locations.
(2) Glazing:
Skylighting will be encouraged to assist heating by passive solar gain. All of the
glazing in this project will be selected with the highest "R" value practical. Glazing located
within six feet of the floor will be low "E" type to enhance the warmth radiating between
occupant and glazing. The use of low "E" glass will permit a significant improvement in the
occupant's sense of comfort because of its effectiveness in reradiating interior warmth.
(3) Passive Solar Shading Devices:
• Herbert Baver installed sun screen trellises on the trustee units to protect the
South and West exposures from excessive overheating. These same devices will
be used on the new Trustee Houses and townhomes to minimize heat gain in the
occupied spaces. These will occur on all South and West elevations of both
buildings which are not protected by roofs.
• Deciduous trees used as shading devices have also been planned for Trustee
Houses.
(4) Mechanical:
All space heating and domestic water heating equipment will be rated with AFUE
efficiencies of 90% or greater. All heating distribution ductwork and piping in unheated spaces
#-74C)97 7 ir1/24/9' 1.6-, 13 F; $40C).00 Bl::' 667 F'C BOO
Silvia Davis, Pi.t.k:in Cnty Clerk:, Doc -
will be insulated to a minimum of.
R-g Duct insulation;
R-3.7 Pipe Insulation;
R-6 Insulation on recirculation hot water pipes
Programmable set -back thermostats will be used for each heating zone. Outdoor
swimming pools and hot tubs, if any, will be provided with insulated covers.
(5) Lighting:
Both interior and exterior lighting will be specified utilizing the latest in energy
efficient bulbs. Whether incandescent or fluorescent, high lumen output/low wattage bulbs will
be specified. In addition to using high efficiency bulbs, multiple switching within each space
will be designed to closely approximate task lighting based on probable furniture layouts while
maintaining sufficient flexibility to focus on task lighting arrangements as the house is occupied.
After these efficiencies have been maximized, daylighting will be considered for additional
efficiencies. Careful selection and location of glazing materials will permit minimum energy
inputs during daylight hours while avoiding the use of shading devices to minimize glare. Any
skylights to be utilized will employ high "R" value glazing and will be strategically located to
permit maximum natural light penetration into the unit interiors with minimum total glazing area.
(6) Building Orientation and Solar Utilization
The majority of building units have major view and glass orientation to the South.
Special glazing will minimize heat loss during the colder months. Operable windows will
provide ample cooling and through -ventilation during the warmer months.
(b) Water and Wastewater. (Maximum 2 points).
Considering the extent to which the proposed development will use water conservation
techniques such as water conserving plumbing fixtures or wastewater reuse systems or will
#340937 01/24/92 16: 1.3 4Crir, irir Bk:: 667 F-6 901
7ilv:ia Davis, Pitk:in Casty Clerl::, Doc
conserve surface water resources through irrigation, sprinkling, ponding and similar site
enhancements, and considering whether the applicant dedicates water rights to the City of
Aspen.
Efficiency in domestic water use will be achieved by utilizing water -efficient shower heads,
faucet aerators and flush toilets. Maximum flow criteria for water -using appliances are as
follows:
Shower heads 2.5 Gpm
Faucet aerators 2.5 Gpm
Toilets 2.5 Gallons per flush
Over the years, the existing irrigation ditches have been used to water a portion of the
lawns and gardens at the Meadows. At other times domestic water has been used because of
inadequate maintenance of the ditch system. For instance, domestic water has been used
exclusively on the Institute grounds in recent years. The non-profit organizations have agreed
that in the future, the lawn and garden areas within their parcels will be maintained with
irrigation water. This will assure that treated water is conserved and these water rights are
protected. The limited lawn areas of the residential projects will also be irrigated in this fashion
if adequate water is available and the water can be efficiently delivered to these sites.
(c) Air. (Maximum 2 points).
Considering the effect of the proposed development on the City's air quality, including but
not limited to whether fewer or cleaner wood -burning devices than allowed by law will be
installed; whether existing dirty burning devices will be removed or replaced by cleaner
burning devices; whether dust prevention measures are employed on the unpaved areas;
and whether any special emission control devices are used.
In keeping with Aspen's clean air standards, the 8 wood -burning fireplaces in the existing
Trustee Houses will be converted. to gas -log fireplaces. It is also anticipated that gas -log
fireplaces will be provided in the 14 new residential units, if this can be done in compliance with
#340937 01/24/92 16:13 c EIP: 667 F'G E302
Silvia Davie, Pi-Lk.in Cnty Clerk- Doc �.00
conserve surface water resources through irrigation, sprinkling, ponding and similar site
enhancements, and considering whether the applicant dedicates water rights to the City of
Aspen.
Efficiency in domestic water use will be achieved by utilizing water -efficient shower heads,
faucet aerators and flush toilets.. Maximum flow criteria for water -using appliances are as
follows:
Shower heads 2.5 Gpm
Faucet aerators 2.5 Gpm
Toilets 2.5 Gallons per flush
Over the years, the existing irrigation ditches have been used to water a portion of the
lawns and gardens at the Meadows. At other times domestic water has been used because of
inadequate maintenance of the ditch system. For instance, domestic water has been used
exclusively on the Institute grounds in recent years. The non-profit organizations have agreed
that in the future, the lawn and garden areas within their parcels will be maintained with
irrigation water. This will assure that treated water is conserved and these water rights are
protected. The limited lawn areas of the residential projects will also be irrigated in this fashion
if adequate water is available and the water can be efficiently delivered to these sites.
.093 01/^4/9 ' 16: 13 F;ec 81:: 667 f"'G 803
I;ilvia Davis, Fitk:in Cnty Clerk, Doc
EXHIBIT "F"
APPROPRIATE I'ECHNOLOc
I".. -
,blur Enul-gg for saytainuhle Druelopmen!
mr. Fred smith, vice President 3 May 1091
Aspen. ski,inq Corporation
P. 0. Box 1240
Aspen, CO 91612
Qegr Der. Smith,
As energy Consultant, I have been requested by aacken, Arrigoni e
ROIO, Areftitaats to state design qualm in regard to MOM
affiaiency in the Aspen Meadows project.
Energy efficiency will be a high priority in the 44sign of the
lodge units. we will endeavor to exceed Q��=ia n� oro�n
Criteria as well as the symtelm performance
Chapters 4 and 5 respoct:ively os the Modsl Energy Coda, 1989
Edition. In order to meet our higt�h star►dards Of erricisnoY, we are
evaluating a number of energy 44,10isncy atrategies for the designs
inaludirat
1. High performance glazing products such ag Low-t end/or Beat:
Mirror to minimizes heat 3.oss and optimize control of solar heat
gain from glazed areas.
s, super insulation t0oliniqquuas for walla, root and floor. to
minimiro the building's heating requirements.
Z. Air ieaxage reduction strategies to minimize uncontrolled
infiltration/axfiltration of air through the building envelope.
4. Heat xaeavery ventilation to avoid moisture prc►blars often
aegaciat od with tight aonimtrueti.on as wall as t 9 provide required
fresh air requirements Without the associated heat loss.
a. Hiqh efficiency heating systems and controls to maximize energy
offici.enoy, comfort and indoor air gaalitY•
e. High Sf £iaibnay Lightianp ii=asc ei.o provide high quality light
at the lowest operating Y
I will provide documentation of my anergy analysis And
reconuendations for the design, in accardalice with the Provisions
of the Model Energy Code.
sincerely;
Kenneth A. alrs*n
Bnorgy Consultant
#34093 7 C)1 /?4 / 9 ? 16 : 13 Fec DF : 667 PG 804
Silvia Davis, Pi.tkin Cnty Cler•I-::. Doc
APPROPRIATE TECMOLOGY ASSOCIATES
Solar Energy for Si4stalnabta Development
Tat Mr. Fred smith, vice President
Aspen Ski l M COMPanY
Der. Kan AreAuletta
Baoksn Arigoni & Roes, 2nC.
Mr. Steve Kanipa
City,of Aspen, Building nept.
Faorir Ken cison, Appropriate Wacnnology AssOoiatoa
Ras AOPEN 11;ST1TUT$r XMOWS LODGE
DR799 2 Augudt 1991
As Energy Consultant, I ha►vo providod ongolrq anslysis and
rsaor<umendeti0rns for the ,Aspein Haadows Fro jaat. I have evaluated the
final design specifioatioRa: with regard to the building envelope
and its compl,ianci with the. Model Sn#rgy ccdd..
The bulldipQ savelvpe !or sash of the seven builM see are is
cp�in iiance ce isith the satisfiedxad requiredryby saation 502. My aiin*lysis by
Code section is as follows:
402.1 ' aaergy AnalysiB
The buildfngs'in this project satisfy the requirements of Chapter
Five and are therfor4 excepted from the ' requiral=ntas of Section
402. The requirMents of chapter six are applicable only to
buildings under 3000 Square feat in floor area end therfore do not
applk to this project.
542.4 Criteria !er Group R buildings
For the purpose of this Code., those buildings, being roaidantial in
nature and three or less stories in height ara alassi>:i44 Group R,
Type A-2.
302.2.1.1 Wallet
The U. of the halls was det'er4ned,by aticn 1 and do not exceed
the value of' 0.20 btulb-ft given in TaiblC 502.2.1 and as
doterninad by Figure #1 of Chapter S6N%n using 10,000 Annual
Heating Degree-days. u. values as determined for each of the
buildings are given in Table 1 of this report.
#34093 r cj 1 /'-24 : 92 16 : 13 Nec $400 . � 0 RF::: 667 PG 805
Silvia Davis, F'it1-::in Cnty Clerk:. Doc: $.C)(,)
502,2il•2 PO4Ci
The Ub of the Roof was determined Equation 2 and does not oxcead
the VaIUQ of 0,025 Btu/h-ftz given in Table '502*2.1 and as
dotermined by Figure 02 of Chapter Seven using 10,00o Annual
Keating Degree-days, Ua 'values as determined for each of the
puild.ings are given in Tab]a i.af this report.
502.2.1.3 Floor OVOC uah8at.94, *pages:
Thelvo of the Floors over unheated crawl spaces do not exceed the
value of 0.05 Btu/h-ft2 givfm in Table 502,3,1 and as determined by
Figure 06 of Chapter Seven L.airig to , 00o Annual heating th g1: ee-days.
Uo values as determined fnr each of the buildings are given in
Table 1 of this report.
502.8.1.4 41ab-on-grads floors:
Thin Section dose not apply &a there are no slabs--an-grade for
heated spaces. i
502.2.1.5 crawl spaces wallah
This 8sctivn does not apply as then& are crawl 'space'; below
uninsuiated floors.
502.2.1.1E SaSOMOUt 1Nal139
The exterior basement: walls below uninsulated floors in building #6
are .insulated to R-20 (U- 0.05) Which more than satisf isle the U-
value of 0.06 roquirsd by gable 502.3.1 and Figure 8 of Chapter
&oven using 1e,000 Annual T[eating Degree-days.
Boa t s's Cooling O riteri.al
The required satandarde of thia section hsVa been more than
satisfied by compliance with previoua sI;Iotions.
30294 Air Leakages
Marvin windows and door* ,are specified and have air infiltration
rates which are loan than the 0.34 ofn (per foot of oporable aaah
crack) for windows and 9.5 oft (per square foot of area) for doer&.
#34C )93 r
01 /24
/9-2 1. 6: 1. 3 Rec
�4C aC � , C �C � F-41:'.
667 F'G 806
Silvia
Davis,
F'itk:in Cnty
Clerk, Doc
$.C)C>
TABLE
i
ACIVAL
Vo
as detsmined for
each
building
C013E
BUILDING
REQUIREMENT
#1
12
#3
* 4
#5
#6
#7
WALLS
U
0.20
.1/4
.14
.18
.13
.14
.19
.14
R
5.0
7.1
7.1
S.6
7.7
7.1
5.3
7.1
ROOF
II
0.025
.023
.032
.022
.022
.024
.020
.021.
R
40.0
43,.6
45.5.
45.5
45.9
41.7
50.0
47.6
MOOR
U
0.05
.033
.033
.033
.033
.033
.033
.011
R
20.0
30..0
30.0
30-90
30.0
30.0
'40.0
30.0
OL&B
N/A
N/A
N?A
N/A
N/A
NIA
N/A
N/A
BASEMENT
0.06
N/A
N/A
N/A
NIA
N/A
0.05
N/A
#34C)93 7 C)1/2)4/9^ 16. 1'_. ac $4(=)ci,C)ia M::' 667 PG 807
Silvia Davis, Pitk:in Crity Clerk:, Doc $.(?(-)
819M.NK '@ARY MORMT10M
Typical OPWO wall Sactioh
Uterna1 Air Film
0.17
`STo, 14crylic Plaster
-
1" Phenolid Foam Rigid Insulation
6.00
5/5" Gyp 'ad.
0.56
6" Fiberglass Hatt Insulation-
1940
11217 Gyp Hd.
.45
Intarior Air Film
0.68
TOTAL R-velure
29.86 27.57 �►
U-valua
0.035 0.036•
e# Overall U-value sdjuatad for 2X
framing 16" o•c•
Typical Roof $action
Exterior Air Filia
0.17
Hypolon Membrane
-
5/8 plywood sheathing
0.77
15" iribenl+ase bait Insulation
47.5
d/a" Gyp Sd,
0156
Interior Air Film
0•6.1
TOTAL R-valus
42.61. 46.74 �
U-value
01020 0.081 �
* Overall U-value adjusted for aX framing @ 16" 0-
0-
Typical olasIng unit
SpocifiGations for all glazed window and door units am specified
to be supplied with overall U--vaiuo Of 0.286 (R-1.5).
Typical skylight •
Skvliqht 4rq specified to be supplied with maximum Overall U-value
of o.jo Twinter value)
spanar*l Sections
Typical insulated Spandrel Sections are apocified to have, a uinim.um
R-value of 10,
4C)937 i)1/'24/9 ' 16: 13 R e c C,, (-)(-) Rl:: 667 PG- 8013
1via Davis, Fitkin Cnty C k , Doc $.0C.)
EXHIBIT "G"
MAA/REHEARSAL PERFORMANCE HALL
ENERGY CONSERVATION DESCRIPTION
The new Music Hall will incorporate many energy conserving
features. These features should combine to make it one of the most
efficient structures of its type. The energy strategies for the
building involve both design features and high technology
solutions.
A. Design
1. Approximately 80-85% of the building's volume will be
below grade, a significant and well -proven feature
that will lessen the heat load in the winter and
cooling in the summer.
2. For acoustic reasons the main hall will be essentially
a double wall structure. This will have the effect of
creating an unusually effective thermal as well as
acoustic barrier.
3. Incorporated will be more standard design features
such as air lock entries, reflective roof materials
and low emissivity glass.
B. Technological
1. We will be using a mechanical engineer as a consultant
who is well known for innovative and effective
solution to HVAC problems. They will include the
latest high efficiency equipment and techniques, such
as warm air recovery systems, ultra high efficiency
boiler systems, etc.
2. We will design lighting using the latest techniques in
high efficiency illumination where ever possible. It
is possible that more traditional lighting sources may
be required in the main hall to eliminate ballast
noise.
3. We will specify low water usage fixtures in the new
restrooms.
CONCLUSION
The new MAA Music Hall will be a state-of-the-art facility in
every respect. In addition, we will give high priority to
reducing overall operating costs through the incorporation of
every appropriate energy conservation technique.
May 10, 1991
#34093 i 01 /24/92 16: 13 c $400. 00 W: 667 PG 809
Silvia Davis, PiU.-An Cnty Clerk:, Doc $.00
EXHIBIT "H"
March 21, 1991
Ms. Amy Margerum
Planning Director
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Meadows Final SPA: Impact of Construction and
Development to Native Vegetation
Dear Ms. Margerum:
This letter is intended as clarification to Item 26, page
92, in the Aspen Meadows Final Submission Document, in so
far as this section addresses the impacts of construction
and development on native vegetation on the Aspen Meadows
property.
The landscape design is illustrated in the Conceptual
Planting Plans, L-9 through L-12. They indicate a minimal
area of manicured landscape immediately adjacent to, or
contained among the buildings. In public areas, new tree
planting will be limited to Aspen, Spruce, Pine and
Cottonwood trees, which presently exist on the property.
Existing trees that will be affected by new development will
be relocated on the property to the maximum extent possible.
These trees are identified on the Existing Conditions Plans,
L-1 through L-4.
The intent is to limit the impact on native vegetation by
intensely maintaining only the manicured areas and by
carefully monitoring construction activities to limit the
extent of disturbance.
Revegetation of all disturbed areas of native vegetation
will occur based on the following guidelines:
1. An appropriate mix for native grasses will be
determined by a turf expert who will identify
existing native grasses. Disturbed grass areas
will be re -seeded with this mix.
##340937 01/24/92 16:1
'i 1 vi a Davi. c $400. 00 pp::. 667 F='C� Y �'itk:in C'nty C�1orE:. e10
Doc_ $.00
Ms. Amy Margerum
March 21, 1991
Page Two
2. Native plant materials will be obtained from a
nursery such as Native Plants, Inc. in Utah. This
nursery has a wide range of native plants
including Sagebrush, Willows and Gambel's Oak, all
of which are common on the property. The plants
are container grown, they come in many sizes and
are dependable growers. With proper watering,
Sage and Willows grow rapidly.
3. In conditions where slopes exceed 3:1, erosion
control materials will be applied, and where
necessary slopes will be stabilized through
terracing and planting techniques. In all cases,
sufficient topsoil will be applied.
4. The first year is the most critical in the
establishment of native shrubs and grasses. A
temporary irrigation system will be installed to
ensure that the ground is kept moist during the
first growing season.
By following these guidelines which have led to successful
revegetation with native materials in previous projects, we
feel that the Aspen Meadows property can be maintained as an
attractive manmade environment along with a healthy, natural
landscape.
Sincerely,
DESIGN WORKSHOP, INC.
Don Ensign
Principal
DE/la